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..........
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..........
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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once challan along with FSL report had already been presented before competent Court well before filing of application seeking default bail, indefeasible right to default bail if any stood extinguished...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere filing of an application for supply of copy of complete challan does not conclusively establish that challan was filed incomplete...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere non-filing of FSL report along with police report does not render challan incomplete so as to confer an indefeasible right of default bail upon accused - FSL report being a piece of corroborative evidence can be filed..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once a charge-sheet is filed within statutory period, accused cannot claim default bail merely because cognizance has not yet been taken or because certain documents are filed later...........
