Showing : 1-10 of 152 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37-- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance of notice u/s 50 of NDPS Act - Said sequence of events is totally..........
DELHI HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(c), 23, 28, 29, 67-- Bail - Contraband - Seizure of - Discrepancies in drawing of sample, custody, conveyance and forensic examination inter alia that three samples of 5 gms drawn in place of sample weight of 24 gms as mandated instruction issued by NCB - Physical properties, weight of suspected substance as recorded..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21(a), 22(a), 29(1), Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 6 gms and 9 mg heroin - Small quantity - Offences in question are punishable with imprisonment which may extended to one year or with fine - Since case not involves commercial quantities and offences are not punishable u/ss 19, 24 and 27 of NDPS Act, general law of Cr.P.C is..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative, intended to restrict power to grant bail..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Recovery of 93.900 kg cannabis - Bail - Secret information - Accused found involved in illicit trade of NDPS - Due compliance of provision of S.42 of the Act made out - Independent witnesses joined the search and seizure process - Twin tests as enumerated in S.37 of the NDPS Act not satisfied by..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(A), 22(c), 29, 50, Criminal Procedure Code, 1973, Section 439-- Recovery of 2.890 gms Hashish - Bail - Non-compliance of S.50 of NDPS Act will be sufficient to vitiate conviction for illegal possession of contraband - Said no, compliance cannot be said to be mere technical breach - Applicant cannot be prima facie held responsible for unlawful possession of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438-- Contraband - Pre-arrest bail - S.37 NDPS Act does not create absolute bar but only create some rigid restrictions...........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438-- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22-- Bail - Commercial quantity - Recovery of 100 gms Alprazolum from A-1 and 6 kg from A-2 - There is disclosures by accused persons within meaning of S.67 of NDPS Act regarding contraband - Conscious possession of contraband proved on record and both the accused got culpable mental state regarding..........

Showing : 1-10 of 152 Results