Showing : 61-70 of 257 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85-- Anticipatory bail - Offence u/ss 22, 61, 85 of NDPS Act - Recovery of 150 gms of powder - On the face of it difficult to ascertain nature of powder - Interim bail granted - Later on accused joined investigation and nothing is to be recovered from him - Interim bail order made absolute...........
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 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85-- Second anticipatory bail application - Petitioner has not been arrested for the last about 03 years despite being an accused in an NDPS matter, which shows prima facie inefficiency of investigating agency/prosecuting agency - He is also involved in another FIR under NDPS Act - Petitioner, held,..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29-- Bail - Recovery of 3.750 Kgs. opium - Inspector evidently made wrong entries of time while recording statement of accused u/s 67 of NDPS Act and preparing his arrest memo in order to project that statement was recorded while he was not in custody or under arrest - Without commenting on merits but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 1200 ML which is equivalent to 1092 gms. intoxicating liquid containing Codeine Phosphate - As per Schedule to NDPS Act 1000 gms and above of intoxicating liquid would be construed as commercial quantity - Recovery is marginally over and above commercial quantity - Petitioner is..........
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..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36, Criminal Procedure Code, 1973, Section 438-- Anticipatory Bail - A special court constituted u/s 36 NDPS Act, is competent to entertain pre-arrest bail petition u/s 438 Cr.P.C - However, such jurisdiction of designated judge to exercise power u/s 438 Cr.P.C relating to offence under NDPS Act is exclusive and never vested with Session Judge...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Seizure of Drugs - Bail - Presiding officer of a Special Court dealing with NDPS cases wherever the need is felt and where matter is being unnecessarily delayed may grant interim bail till the receipt of FSL report and thereafter consider the case after receipt of the report...........

Showing : 61-70 of 257 Results