Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Applications for default bail and extension of time - Court may hear both the application for extension of time and default bail simultaneously only if application for extension of time is filed first in point of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 180 days for filing charge sheet expired - However, application for extension of time was filed on 180th day while the application for default bail was filed after two days i.e on 182nd day - Both the application decided on the..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Long custody - Accused is behind the bars since 24.9.2022 - Prosecution has examined 5 witnesses and 8 witnesses have been given up and 5 witnesses are yet to be examined - Delay in conclusion of trial cannot be attributed to accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Investigation of case is complete and charges were framed and presented - Out of 25 PWs, none has been examined till date - Accused has undergone actual custody of 8 months and 5 days and there is one other case registered against him -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Where the contraband recovered is below commercial quantity, recording of finding envisaged u/s 37 of NDPS Act is not a sine qua non for granting bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15, 21, 25 -- Bail - Contraband - Non-commercial quantity - Accused are in custody since 27.8.2024 - Trial of case will take sufficient time to conclude - Rigors of S.37 of NDPS Act is duly satisfied - No useful purpose would be served by keeping..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Recovered capsules only contain salt acetaminophen (Paracetmol) - Bail granted to accused...........
