Showing : 1-10 of 25 Results

TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative, intended to restrict power to grant bail..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439-- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such a satisfaction, order granting..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(C)-- Bail during pendency of appeal - Conviction under NDPS Act - Recovery of 1.850 Kgs diazepam/intoxicating powder - Commercial quantity - Nature of offence is extremely serious because drugs like diazepam are extremely injurious to public at large - Indulging in business of such category of drugs..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Money Laundering Act, 2002, Section 45, Criminal Procedure Code, 1973, Section 439(2)-- Bail - Grant of bail without compliance of requirements of S.45 of the Act of 2002 - Accused not only involved in the PMLA case but also in NDPS Act - Bail should not be granted to accused without complying with the requirements of S.45 of the PMLA - Impugned order of High Court granting bail to..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Contraband - Commercial quantity - Anticipatory bail - Held, for purpose of exercising powers of grant of bail in relation to accused, who are charged with offence of being involved in dealing with narcotics drugs in excess of commercial quantity, restrictions provided in S.37 of NDPS Act apply..........
KERALA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57(1)(b)(ii)-- Contraband - Bail - Both the conditions under sub-clause (ii) of clause (b) of sub-s.(1) of S.37 of the NDPS Act must be satisfied to enable the Court to grant bail to an accused in a case involving commercial quantity where the Public Prosecutor opposes the application for grant of bail...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - For grant of bail in a offence under NDPS Act it is S.37 of NDPS Act which applies and not S.439 Cr.P.C. - In case of inconsistency between the two provisions, it is S.37 of NDPS Act which prevails - Though Court has power to grant bail u/s 439 Cr.P.C. but the same should be subjected to..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(a), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Seizure of contraband - Grant of bail - Recovery of 1.100 Kgs. of charas from accused - Accused in Jail for nine months - Plea that accused is 58 years old and is near to age prescribed for senior citizen - Held, bail cannot be granted on this ground...........

Showing : 1-10 of 25 Results