Showing : 31-40 of 115 Results

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..........
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-- Charas - Quantity - Determination of - Recovery of 1.100 kgs. of charas - As per FSL report it contained 21.25% purified resin - FSL report does not show that there was any neutral substance in that sample - Held, according to definition of charas in S.2(iii)(a) quantity of charas cannot be..........
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...........
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 - Search by police - Panchanama shows that accused stated that he did not require to be searched in presence of Magistrate or Gazetted Officer - Search conducted by police - Whether mandatory provisions of S.50 contravened? - Held, question of his being taken to Magistrate or..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Second application - Recovery of 2 Kg. opium - FSL report received - Morphine found 2.47 - Substance recovered coagulated juice of opium poppy and not any mixture - Content of morphine in the contraband is totally irrelevant - Entire substance has to be considered as opium - Also a number..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Suspension of sentence during pendency of appeal - One of the conditions for suspension of sentence that accused is not likely to commit an offence in the event of his release on bail - In the instant case petitioner not implicated in any other case of similar nature or suffered any previous..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Suspension of sentence during pendency of appeal - Appeal not likely to be taken up for final hearing in the near future - Petitioner is entitled to the relief of suspension of sentence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 2.570 gms of opium - Accused in custody for almost three months - Quantity slightly more than permissible limit - Petitioner having no criminal history - Bail granted...........

Showing : 31-40 of 115 Results