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 15, 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium - Interim bail for 3 weeks on account of marriage of daughter of accused - Presence of accused would be necessary to perform various ceremonies in connection therewith - Petitioner granted interim bail for a period of 2..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 395, 427, 216, 34 -- Bail - Offence u/s 20 NDPS Act, S.25 Arms Act and u/ss 395, 427, 216, 34 IPC - Recovery of 17 quintals 12 kg and 760 grams ganja from canter - No recovery of contraband is made from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 30, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.770 kg heroin - Accused not involved in any other case prior to this case - He is in custody for he last more than three years - Conclusion of trial will take time - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Commercial quantity - Bail - Long period of incarceration is not at all a ground to enlarge accused on bail in case where huge quantity of narcotic items are involved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Conscious possession - Bail - Drugs were transported together by accused in a car and lorry with the help and assistance of A-6 after procuring it from him - Prima facie record reveals that both the vehicles..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 29, 60(3), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 349.250 kg Ganja - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - Absence of recovery of contraband from the person of accused, does not absolve it of level of scrutiny required u/s 37(1)(b)(ii) of NDPS Act and by itself not a ground to grant bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Non-compliance of S.42 of the Act - Bail - Issue of whether there was compliance of procedure laid down u/s 42 of NDPS Act is a question of fact - Question is one that should be raised in the course of trial - Order granting bail set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
