Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Indian Penal Code, 1860, Section 120B -- Abetment and criminal conspiracy - Scope - S.29 NDPS Act is almost pari materia in its spirit to S.120-B IPC and the contention that non-invocation of S.120-B IPC vitiates the case is misconceived...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 37 -- Contraband - Bail - Statements of co-accused u/s 67 and mere WhatsApp chats or phone call logs without voice recordings or transcripts are insufficient to establish a nexus with drug trafficking and do not satisfy the reasonable-grounds test u/s 37 of the Act - Call logs alone cannot prove a criminal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail granted subject to the conditions of furnishing bail bonds of Rs.50,000 with surety in the like amount, surrender of passport, not leaving the country, providing and keeping active a mobile number, daily sharing of Google pin location with the SHO, and non-interference with evidence and..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Power u/s 143-A of the Act is discretionary and not automatic and mandatory in every case...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - While adjudicating an application u/s 143-A of the Act, Magistrate is required to record reasons while directing payment of interim compensation...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Quantum of interim compensation is not fixed and may extend up to 20% of cheque amount - Where statue permits a range from 1 up to 20%, determination of any particular figure such as 10% must be supported by clear and reasoned justification...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court trying an offence u/s 138 of the Act to award interim compensation to complainant at a preliminary stage of proceedings - Such power can be exercised in a summary trial or summons case when accused pleads not guilty and in any other case upon framing of charge -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 25, 29 -- Contraband - Quashing of proceedings - Substantial quantity of contraband (ganja) has been recovered - No categorical material on record at this stage to conclusively establish that recovery was pre-planned, foisted or fabricated - Plea of false implication constitute matters squarely falling..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - At the stage of issuance of process, statutory presumption u/s 139 of the Act cannot be dislodged in a summary manner merely by contending that cheque issued was not for any legally enforceable debt or liability...........
