Showing : 1-10 of 19 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Offence u/s 15 NDPS Act - Default bail granted as FSL report not filed within 180 days - Condition imposed that accused shall be taken into custody on receipt of FSL report - Condition set aside - Bail will remain in force unless accused commits default in the proceedings or misuse the benefit of..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in terms of S.36-A(4) Proviso of NDPS Act -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4)-- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such application - There was total compliance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 15, 25-- Default bail - Offence u/ss 15, 25 of NDPS Act - Extension of time to file final report - Only one ground cited that Chemical Examiner report is not received - No compelling circumstances cited - Order granting extension passed in a routine and mechanical fashion - Accused has an indefeasible..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 439, 173(5)-- Bail - In the instant case, charges framed against accused without having chemical examiner`s report - In absence of such report under NDPS Act, it cannot be said as to whether substance recovered from accused was narcotic or not - Moreover, in absence of chemical examiner`s report,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22-- Default bail - Offence u/ss 21 & 22 NDPS Act - Challan not presented as FSL report not received despite expiry of statutory period - Petitioner directed to be released on interim bail, however, only till filing of report u/s 173 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36A-- Default bail - Offence u/s 21 of NDPS Act - Commercial quantity of contraband - Challan not filed within 180 days - Application for extension of time filed before expiry of 180 days but not decided within 180 days - Accused filed application u/s 167(2) after expiry of 180 days - Indefeasible right..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 173-- Default bail - Non-presentation of challan/report u/s 173 Cr.P.C. - Recovery of contraband - As per evidence on record, period of 180 days already expired - Even, no application for extension of time has been moved by prosecution - Therefore, indefeasible right to be released on bail as per..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29-- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of intermediate quantity - Case of accused falls u/s 36-A(4) of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no distinction that a proclaimed offender will..........

Showing : 1-10 of 19 Results