Showing : 31-40 of 117 Results

RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Contraband - Commercial quantity - Anticipatory bail - Accused not arrested - Investigation is yet to be carried out - Held, where Public Prosecutor opposes bail application, Court has to record satisfaction that there are reasonable grounds for believing that accused seeking bail is not guilty of..........
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...........

Showing : 31-40 of 117 Results