Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on accused's contention that his brother who is a Sepoy in Indian army has given an undertaking to ensure accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on the ground that accused is behind bars for an unreasonably long time of about two years - Order of bail set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Accused allegedly got the cavities ingeniously fabricated below the trailor to conceal the contraband - No case for dispensing with mandatory requirement of S.37 of the Act made out - Order of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Unauthorized search - However, as per the charge sheet, the search and arrest of the accused was undertaken in the presence and under instruction of SI and by J, who holds the rank of women head constable - Arrest and search of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance - While non-compliance with S.50 does not necessarily vitiate the entire trial, it does vitiate the conviction and sentence if it is solely based on recovery made during such illegal search...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 NDPS - An illicit article seized from the accused during a search, which violates the mandate of S.50 NDPS cannot be used as admissible evidence of unlawful possession under the NDPS Act - However other material recovered during such a recovery may be used as relevant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
