Showing : 11-20 of 30 Results

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...........
DELHI HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv)-- Recovery of opium - Relevance of morphine in the opium - Held, percentage of morphine in sample of opium does not determine the purity of opium - Percentage content of morphine in opium is not relevant for the purpose of considering the question as to whether the seized opium is of a small..........
DELHI HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20-- Bail - Recovery of chars - Percentage of tetra hydro cannabional (THC) does not determine purity of sample - Held, test resulting in quantification of percentage content of THC is neither relevant nor necessary for the purpose of considering grant of bail or of awarding sentence in terms of S.20..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Offence under NDPS Act - Liberal approach in the matter of bail under NDPS Act is uncalled for - Condition for granting bail specified in S.37(1)(b) of NDPS Act are in addition to the limitations provided under the Cr.PC. or any other law for the time being in force regulating the grant of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Protracted trial for seven years - Appellants in their youth - Appellants did not commit any offence before registration of the present case or after grant of bail - Appellants not involved in the trade of narcotic substance - Quantity recovered non commercial - Sentence reduced to one year -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Offence under NDPS Act - In additional to the principles applicable for grant of bail in an offence under IPC the relevant provision in the special statute in this regard has to be kept in view...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Offence under NDPS Act - Bail - General principles of grant of bail are not applicable in a case involving offence under the Act - Power of Court to grant bail is limited u/s 37 of the Act...........

Showing : 11-20 of 30 Results