Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - In a case when there are arguable points on merits and custody is also adequate, the Hon'ble Supreme as well as various High Courts have granted bail even in cases involving commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - Bail - Several arguable points in the case which would be finally considered at the time of trial - Keeping in view facts and circumstances of the case as well as custody period of petitioner, bail granted to petitioner with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4.3 kgs Ganja - Quantity of ganja seized is only 4.3 kgs which is not a commercial quantity - Bar u/s 37 NDPS Act not attracted - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 29, 61 -- Bail - Offence u/ss 15(c), 29, 61 NDPS Act - Recovery of 110 kg poppy husk - Recovery made from truck which petitioner was driving was of 30 kg of poppy husk - The same is non-commercial quantity - Petitioner is not involved in any other case - Challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kg poppy husk - Recovery effected from canter - Petitioner is neither owner nor driver of said Canter - Joint non-consent of both petitioner and co-accused has been recorded - It becomes debatable as to whether provision of S.50 of NDPS..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389 -- Recovery of 465 kg poppy husk - Suspension of sentence during pendency of appeal against conviction - Accused has undergone approximately 9 years of his substantive sentence of 12 years - He was also convicted in other FIRs - However, appeal in present case is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 84 injections of Buprenorphine and 48 injections of Avil - Bail - Petitioner is not involved in any other case except present one - Challan has already been submitted - Five PWs out of total 14 PWs have been examined - Moreover, as per Rules,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1025 kgs Ganja - Bail - Commercial quantity - Prima facie involvement of accused in the case cannot be ruled out - No reason is found to falsely implicate the accused - There is no good ground to release accused on bail at this stage - Bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2420 tablets and drug money of Rs.5000 - Bail - Accused is confined in judicial custody after his arrest on 28.6.2020 - Conclusion of trial is likely to consume considerable time, as only one witness has been examined out of total 17 witnesses -..........
