Showing : 111-120 of 1976 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/s 20 of NDPS Act - Petitioner not named in FIR and was implicated on the basis of disclosure statement of co-accused who is already granted bail - However, keeping in view the fact that petitioner is not involved in any other FIR and he is in custody since 16.05.2015 and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 21, 22 NDPS Act - Accused in custody for 9 months - Three more PWs yet to be examined - No useful purpose will be served by keeping accused in custody - In case accused is found indulged in any other NDPS activity, prosecution will be at liberty to seek cancellation of bail -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63-- Confiscation of seized vehicle - Conveyance seized under NDPS Act is liable to confiscation only when owner of conveyance who was given an opportunity by Court could not prove that conveyance was used without his knowledge or connivance - Trial Court has to take a decision as to whether vehicle is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Accused also earlier convicted u/s 21 of NDPS Act and that sentence was over - Accused undergone 1 year 6 months and 7 days out of total substantive sentence of 4 years - Keeping in view period of incarceration already undergone by accused,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 300 gm charas - Independent witness not supported prosecution case, as he stated that no search and seizure was carried out at the spot - Testimony of official witnesses does not inspire confidence - NCB form demonstrate that FIR no., date and provisions of NDPS Act under which FIR was..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57-- Recovery of packet of pill of heroine - Recovery effected from inner pocket of pant - There is no uniformity as to whether said paint was worn by accused at relevant time or was hanging unclaimed - Mandatory provisions of Ss.42, 50, 57 of NDPS Act not complied with - Prosecution failed to prove..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23-- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when no proceedings of confiscation were..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 64A-- Bail - Drug addict - Recovery of 2 gms heroine - Accused a drug addict was earlier arrested twice for small quantity - He is not involved in trade of sale and purchase of NDPS - Considering the sentence of six months prescribed for recovery of small quantity of heroine, accused ordered to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to exercise powers specified u/ss 42,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 436-- Bail - Recovery of 1.5 gms heroine - Quantity of drug allegedly heroine recovered from accused is small quantity - Conditions of S.37 of NDPS Act not applicable to case, as it is applicable to offences involving commercial quantity - Registration/pendency of other cases against accused is of no..........

Showing : 111-120 of 1976 Results