Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
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 36 -- Bail - Seeking extension of period of detention - Application of mind of the public prosecutor - Power of the Court to extend the period of detention under proviso to section 36A(4) of the Act is based on the report of a Public Prosecutor - However, lapse resulting in delay in completion of investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Seeking extension of period of detention - Application of mind of the public prosecutor - Power of the Court to extend the period of detention under proviso to section 36A(4) of the Act is based on the report of a Public Prosecutor - However, lapse resulting in delay in completion of investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Non-examination of I.O - Accused was the driver of vehicle from which a large quantity of contraband was seized - Customs officials intercepted the vehicle and found accused to be only person therein - Safe keeping of goods has been proved upon by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Recovery effected from the bag carried by accused which included his personal search also - Compliance of S.50 of the Act, thus mandatory - However, I.O not made out strict compliance of said section - Accused acquitted...........
