Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 58.5 kgs Doda post - Quantity recovered from accused was of commercial quantity - Even though there is non-compliance of S.41 of NDPS Act, rigors of S.37 of NDPS Act have to be still met - Since there are no reasonable..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Bail - Offence u/ss 15, 61, 85 NDPS Act - Recovery planted upon petitioner just to save owner of truck and rope petitioner - Petitioner is neither owner nor conductor nor driver of truck involved - Even, joint offer of search was given to accused persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - Merely because accused was seen standing on the spot and co-accused had run away from the spot which ultimately stood acquitted, knowledge of conscious possession of poppy husk cannot be put to accused for recording his conviction for a serious offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - It is for the prosecution to prove that samples were intact and were not tampered with by anybody or were put in a sealed and proper condition - Benefit of doubt in the absence of such evidence would go to accused and not to prosecution - Trial Court committed..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 61, 85 -- Contraband - Non-joining of independent witness - Credibility of police official's statement - Merely because no independent person had co-operated to join the raid, testimony of police officers which otherwise inspires confidence cannot be discarded - Raid was conducted meticulously - There..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 20, 25, 61, 85, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of poppy husk from petitioner's truck - Petitioner neither present at spot nor anything recovered from him - As per petitioner, driver must have indulged in some illegal activities - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Second anticipatory bail application - Maintainability - Petitioner has no case on merits - After dismissal of first anticipatory bail application, petitioner failed to point out any change much less material change in circumstances of case - Second..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Second anticipatory bail application - Petitioner has not been arrested for the last about 03 years despite being an accused in an NDPS matter, which shows prima facie inefficiency of investigating agency/prosecuting agency - He is also involved in..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Release of Vehicle on Sapurdari - Vehicle involved in an offence u/ss 15, 61 & 85 of NDPS Act - Confiscation of vehicle in question will be considered along with main case - Trial of case still pending - Vehicle is standing in police station - No useful..........
