Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Specific allegations were leveled against A-2 regarding recovery of substantial commercial quantities of drugs from a rented accommodation occupied by him pursuant to which he was..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 395, 427, 216, 34 -- Bail - Offence u/s 20 NDPS Act, S.25 Arms Act and u/ss 395, 427, 216, 34 IPC - Recovery of 17 quintals 12 kg and 760 grams ganja from canter - No recovery of contraband is made from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Commercial quantity - Bail - Long period of incarceration is not at all a ground to enlarge accused on bail in case where huge quantity of narcotic items are involved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Conscious possession - Bail - Drugs were transported together by accused in a car and lorry with the help and assistance of A-6 after procuring it from him - Prima facie record reveals that both the vehicles..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 29, 60(3), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 349.250 kg Ganja - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused,..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 22(C), 29 -- Default bail in an offence under NDPS Act - Final report without analyst report - Final report is incomplete only when entire prosecution case rests solely on the analyst report and not when prosecution is relying the analyst report as a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
