Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - SHO was absent on the relevant date and he handed over the charge of SHO to Circle Inspector who carried out search - It cannot be said that In-charge SHO was not competent to conduct search - Submission that officer ought to be actually posted as SHO and not as In-charge SHO is of no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 16 -- Contraband - Intermediate quantity - Appellant was convicted for being in possession of 15 kgs and 200 grms of choora post (poppy straw) - He is not involved in any other case and has already undergone an actual sentence of 2 months and 6 days out of 2 years R.I. - Since there is no minimum punishment..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of brown sugar - Bail - As per record, a commercial quantity of brown sugar was recovered from the petitioners - Petitioners failed to overcome the restriction provided u/s.37 NDPS Act - Therefore, interim bails granted in favour of petitioners stand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 173 -- Recovery of brown sugar - Charge sheet filed without Chemical Examination Report - Charge sheet without the chemical examination report does not make the investigation incomplete...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 200 grams of opium milk - Reduction of sentence - Appellant has been suffering agony of trial for last more than 19 years - He has already undergone custody of 2 months and 16 days out of total sentence of 2 years - Since there is no minimum punishment prescribed u/s 18 of the Act, it would be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Bail - Contraband - Recovery of 180 kgs Doda post from co-accused - Petitioner was not present on the spot and has been nominated on the basis of disclosure statement suffered by co-accused - Allegations against petitioner are that he was involved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has already undergone about 3 years in jail - High Court has granted interim bail to petitioner - Considering period of incarceration of petitioner, bail granted to petitioner...........
