Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Specific grounds and reasons for arrest were communicated to both applicant and his relative - Although separate grounds for arrest were provided to each, there was no mention of quantity of contraband seized from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Accused was found in possession of 345 grams of Charas - Trial Court sentenced accused to undergo R.I. for 5 years with fine of Rs.25,000 - However, Notification issued by Central Government shows that 100 grms of charas is a small quantity whereas 1 kg of charas is commercial..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Anticipatory bail - Contraband - 35 bottles of manufactured drug of 100 ML content each containing a narcotic substance Codine phosphate in mixture came to be recovered and seized from him - Alleged recovered drug falls within an ambit of small..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 8(c), 20(b), 20(a)(i), 20(b)(ii), 37 -- Bail - Six plants weighting 5.050 Kg found in possession of accused - Even if presumed all parts of plants to be Ganja the same is less than commercial quantity and higher than small quantity - S.37 of NDPS Act not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Quantity of contraband - Sample weighing 39 grams of charas examined by FSL was not the representative sample of entire bulk - Accused therefore, cannot be held to be have been found in illegal conscious possession of charas - He can be held to be in possession of 39 grms of charas or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Small quantity - Sentence - Accused was arrested in 2021 and he remained in judicial custody till conclusion of trial and thereafter is undergoing sentence - Since accused has already undergone much more sentence than could be inflicted upon him, accused is ordered to be released..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Contraband - Determination of weight - Quantity of neutral substance is not to be excluded and to be taken into consideration along with actual content of weight of offending drug while determining small and commercial quantities...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Contraband - Determination of weight - Quantity of neutral substance is not to be excluded and to be taken into consideration along with actual content of weight of offending drug while determining small and commercial quantities...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Anticipatory bail - Recovery of 10 grms heroin - No recovery has been effected from petitioner - Petitioner has only been involved on the basis of disclosure statement made by co-accused without there being any other connecting evidence - Moreover, recovery..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
