Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 36A(4), 37 -- Default bail - Recovery of contraband - Delay in sending samples to FSL and delay in receipt of FSL report - In FSLs concerned, where despite sufficient manpower being available yet for delayed examinations of the stuff inside sample cloth parcels, as become transmitted thereto,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15C, 29 -- Bail - Recovery of 125 kg poppy husk - Accused is in custody for last 9 months and 19 days and he is not involved in any other case - Custodial interrogation of accused is not required and conclusion of trial will take some time - Accused thus, directed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - At the stage of examining an application for bail in the context of S.37 of the Act, Court is not required to record a finding that accused is not guilty...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Length of period of his custody or fact that charge sheet has been filed and trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to accused u/s 37 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - Diametrically opposite case in the charge-sheet than that alleged in FIR gives rise to serious doubt on the veracity of prosecution case against accused - No interference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - No recovery has been made from accused or from any place under his exclusive control - Accused though involved in 53 criminal cases but has not been involved in any NDPS Act case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 265 gms heroin - Intermediate quantity was recovered from accused - No PW has been examined - Trial of case is likely to take time to conclude - Keeping in view the custody of accused and facts and circumstances of case, bail granted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 60 kg Ganja - Bail - Quantity of ganja seized from possession of petitioners is a commercial quantity - Bar and rigor contained in S.37 of NDPS Act, applies to the case - Prima facie case against petitioners is made out -..........
