Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Commercial quantity - Charge sheet filed on 180th day after excluding day of remand and therefore would be within limitation as laid down u/s 36-A(4) of NDPS Act - Bail application rejected...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Default bail - Recovery of 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets - Where total quantity recovered from possession of accused did not fall in category of commercial quantity, there was no justification to reject application..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Default bail - Recovery of 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets - Non-commercial quantity - Report u/s 173(2) Cr.P.C was not filed by police within period of 60 days - On expiry of period of 60 days indefeasible right to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 36(A)(4) -- Default bail - Recovery of 1 kg 277 gms opium - Contraband recovered from accused is less than commercial quantity but more than small quantity - Offence in question would be punished with R.I for a term which may extend to 10 years - Charge sheet..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36A -- Default bail - Offence u/s 21 of NDPS Act - Commercial quantity of contraband - Challan not filed within 180 days - Application for extension of time filed before expiry of 180 days but not decided within 180 days - Accused filed application u/s 167(2)..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29 -- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of..........
Criminal Procedure Code, 1973, Section 167, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Recovery of contraband - Quantity of contraband recovered from accused falls within category of commercial quantity - Provision of S.36-A(4) of NDPS Act will apply - Held, application filed u/s 167(2) Cr.P.C before expiry of 180 days has been..........
