Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - When an accused is alleged to be involved in a narcotic network, bar u/s 37 of the Act assumes heightened significance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Mere assertions or absence of recovery from accused may not suffice when material on record prima facie discloses a nexus with a narcotic network - Gravity of offence, coupled with organized nature of criminal activity, justifies a more cautious approach in grant of bail under NDPS Act...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Foreigners Act, 1946, Section 14 -- Bail - On parity basis - Contraband - Petitioner was arrested on the disclosure statement of co-accused/his brother, however, after his arrest, said co-accused had got recovered 1 kg of heroin from an empty water..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Bail - Contraband - Contraband found from possession of applicant is less than commercial quantity - Embargo of S.37 of NDPS Act, would not be applicable - Applicants detained for the last more than six months and charge-sheet has been presented..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 25, 27a, 29 -- Bail - Contraband - Police apprehended petitioner who was sitting on the pillion seat of motorcycle driven by his son/co-accused - Whether recovery which was effected from polythene bag held by co-accused in his left hand is also to be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Contraband - Petitioner is behind the bars for last more than 5 months - Investigation is complete and final report u/s 173 Cr.P.C. was presented before concerned Court - Charges were framed and trial of case has not made much..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Search and seizure - Evidence on record does not connect accused with commission of offence - Two labourers who assisted police in uploading contraband have not been named as PWs nor their statements have been recorded before trial Court - There is also no clarity as to how many samples..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Sampling process - I.O. stated that 18 samples were picked up on the spot and deposited in Malkhana on the same day but there is no evidence led by prosecution to produce incharge Malkhana or Malkhana register to substantiate said statement - Nothing on record to show as to how samples..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Recovery of 115 intoxicating tablets - PW1 and PW2 proved recovery of 115 intoxicating tablets from conscious possession of appellant, who had thrown polythene pouch on the ground on seeing police party - Even, ASI also categorically stated that recovery was effected from appellant and had supported the..........
