Showing : 221-230 of 400 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37-- Bail - Commercial quantity of psychotropic substance - Recovery of 19 bags of poppy husk, containing 30 kg in each bag, i.e., commercial quantity recovered from truck of petitioner - Truck was sold to him by registered owner - Documents of truck was recovered from possession of petitioner as per..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Bail - Recovery of opium and charas - Contention of petitioner that he was engaged as a driver by co-accused only from the last 10 days and had no knowledge that his co-accused was carrying opium and charas, therefore, he cannot be said to have been in conscious possession of contraband - Held,..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Petitioner was arrested on the strength of confession of co-accused - Nothing was recovered from petitioner - Nor he was present at the spot at the time of alleged recovery - No previous conviction or involvement has been proved against him - Held, petitioner entitled to be released on..........
KERALA HIGH COURT
Year of decision: 2012
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - One of the ingredients for grant of bail is that Court must be satisfied that accused is not likely to commit any offence while on bail - 'Any offence' includes any offence under any penal statute...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2012
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery 11,100 capsules/tablets - Not having any valid licence to keep the same - As per notification dated 18.11.2009, only the pure drug content is not to be considered - Recovery being of quantity of drugs covered by the Act - Bail denied...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B-- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused - Held, mere mentioning of FIR number on recovery memo cannot be held to be fatal - Preparation of two recovery memos fully explained by state as samples taken two times on direction of DSP - Not a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42-- Bail - Recovery of 120 Kgs. of buds of poppy husk - It is a commercial quantity - Raid conducted on a secret information - Non compliance of S.42 of the Act alleged but no prejudice shown except that it creates suspicion - Benefit of non compliance of provision of S.42 of the Act is available..........
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-- Bail - In a offence under NDPS Act - It is entire drug content, solution or mixture which is to be seen and not only pure drug contents of the narcotic/psychotropic substance - If it is found to be more than commercial quantity, then rigour of S.37 of the Act would apply - Notification dated..........
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..........

Showing : 221-230 of 400 Results