Showing : 261-270 of 278 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Bail - Poppy husk - Recovery of 10 Kg. - Not a commercial quantity - Accused in custody for 17 months - Bail allowed...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 173(2), 173(5), 167(2)-- Offence under NDPS Act - Charge sheet filed without accompanying Chemical Analyser's report - Charge sheet is incomplete - Such charge sheet is not charge sheet within the meaning of S.173(5) so as to enable the Magistrate to take cognizance of the offence - Applicants in police custody for more..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Poppy husk - Recovery of 100 Kgs. - Bail - Sought on the ground that provisions of Ss.50, 52 and 57 not complied with - Bail refused - 100 Kgs. of poppy husk is a commercial quantity - Limitations of S.37 cannot be ignored and it is premature to say whether provisions of Sections 50, 52 and 57..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Poppy husk - Recovery of 30 Kgs. - Recovery of poppy husk less than 50 Kgs. not 'commercial quantity' - S.37 of the Act does not apply to such recoveries - Bail in such cases is governed by S.439 of Cr.P.C. - Bail granted...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S7(1), Criminal Procedure Code, 1973, Section 437, 439-- Arrest under NDPS Act - Bail - Accused not eligible for bail u/s 37 of NDPS Act - Court can however grant bail by invoking proviso (1) to S.437(1) Cr.P.C. when Court is satisfied that it is just and proper to do so...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1, Criminal Procedure Code, 1973, Section 437, 439-- Offence under NDPS Act punishable for five years or more - Bail - Accused cannot be granted bail unless limitations contained u/s 437 and 439 Cr.P.C. and Section 37 of NDPS are satisfied - Limitations contained in S.37(1) of NDPS Act are in addition to limitations enjoined under Cr.P.C. -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Opium - Bail - Accused gave option to be searched in presence of Magistrate but searched in presence of a Gazetted Officer - Search not proper and the same is illegal - Bail allowed without commenting on merits...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Negation is the rule and its grant is an exception under S.37(1)(b)(ii) - For granting bail Court must on the basis of record be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and further that he is not likely to commit any offence..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Successive bail applications - Permissible under the changed circumstances only - Without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which is not permissible under Criminal law...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Opium - Bail - Accused opted to be searched before Magistrate - Search made before Naib Tehsildar - Naib Tehsildar may be Magistrate for revenue purpose but he cannot be considered to be an Executive Magistrate under the Cr.P.C. or NDPS Act - Bail granted...........

Showing : 261-270 of 278 Results