Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29 -- Bail - Recovery of 490 gms methamphetamine (psychotropic Substance) - Commercial quantity - Search made by CISF officers who are not authorized officers - Petitioner was detained at airport and narcotic drugs were detected from hand baggage..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Scheme of S.37 of the Act reveals that exercise of power to grant bail is not only subject to limitation contained u/s 439 Cr.P.C, but is also subject to limitation placed by S.37 of the Act, which commences with no, obstante clause...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 80 grams heroine from right pocket of pant worn by petitioner - Keeping in view involvement of question as to whether petitioner can be said to be in conscious possession of contraband recovered, non applicability of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of poppy husk - Recovery effected from accused and petitioner was indicted later on - Charges were framed on 12.9.2019, but no witness is examined so far - Trial of case is likely to consume considerable time as prosecution has to examine its..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406 -- Anticipatory bail - Dismissal of application on ground of non-deposit of amount - Second application for anticipatory bail - Maintainability - Only allegation against petitioner is that he had not deposited the amount - Now, petitioner has deposited the amount with interest - In view of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Simply because some of the co-accused are required to be arrested is no ground to deny the concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Guilt of accused can only be determined during trial - Even though challan has been filed but conclusion of trial is likely to take some time - Moreover, accused persons are behind bars for more than 4 months and their further..........
