Showing : 121-130 of 363 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Contraband - Recovery on basis of information received by police officer while investigating another case - S.42 of the Act is not applicable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 27A, 29-- Suspension of sentence during pendency of appeal - Conviction u/ss 27-A & 29 of NDPS Act - Held, sentence awarded under NDPS Act can be suspended by the appellate Court only and strictly subject to the conditions spelt out in S.37 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail during trial in an offence under NDPS Act - Bail not to be granted during trial unless the mandatory conditions provided u/s 37 are satisfied viz. that there are reasonable grounds for holding that the accused is not guilty of such office and that he is not likely to commit any offence while..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439(2)-- Bail - Cancellation - Bail granted on report of Chemical Examiner that sample did not contain any contraband substance - Prosecution obtained a second report from another Laboratory which showed that sample contained 2.6% heroin - Bail cannot be cancelled on this ground...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Recovery of heroin - Quantity less than commercial quantity but more than small quantity - For grant of bail rigors of the provision of S.37 of the Act relating to grant of bail are not justified...........
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...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Constitution of India, 1950, Article 20-- It is not permissible to create an offence retrospectively - Penalty cannot be higher than what was prescribed in law which was in force at the time of the commission of the offence...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8, 29-- Offence under NDPS Act - Counsel appointed by Legal Aid Committee - Counsel did not appear - High Court itself analysed evidence and dismissed appeal of accused - High Court in such circumstances should have required the Legal Aid Committee to appoint another counsel - Matter remitted to High..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Compliance of the provision of S.50 of the Act - Option given by IO to accused to be searched either by himself or in presence of a Magistrate or a Gazetted Officer - No evidence adduced to show that accused was communicated of his right either to be searched in presence of a Magistrate or a..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- No substantial compliance of the provision of S.50 of the Act - Accused acquitted...........

Showing : 121-130 of 363 Results