Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b), Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Recovery of 2 kg 900 gms opium - Reduction of default sentence in lieu of fine - Sentence awarded in default of payment of fine is not akin to main sentence - It is a penalty which a person incurs on account of no, payment of fine -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Petitioner was not present at place of occurrence and was not arrested - Petitioner is on bail in two cases except the present one as it would be a symbolic release as petitioner is undergoing sentence in other case and he would..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Petitioner is in custody of more than one year - Even, there is non-compliance of Ss.42, 50 NDPS Act - Moreover, in three cases including two cases under the NDPS Act, petitioner is on bail - All witnesses are official witnesses..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - Provisions of NDPS Act or Drugs and Cosmetics Act cannot be pre-judged at the bail stage...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - No recovery effected from petitioner - Bar of S.37 of NDPS Act prima facie therefore, will not apply - Moreover, petitioner is an authorized licensee and is..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of the Act - Petitioner not mentioned in FIR and he has been implicated on basis of disclosure statement made by co-accused - Earlier case under NDPS Act was there against the petitioner and that police official who was member of raiding..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21, 22 NDPS Act - Recovery of 40 grams of heroine and 250 grams of intoxicant powder - All witnesses are official witnesses and there is no possibility that petitioner may tamper with evidence or influence witnesses - Moreover, no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Offer of search in the presence of a Gazetted officer or Magistrate given but accused refused to exercise said right - I.O. searched the accused - Held, even when accused refuses offer to have his search conducted by a Judicial Magistrate or a Gazetted Officer, raiding party would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 50, Criminal Procedure Code, 1973, Section 389 - - Appellant 75 years of age and is 100% visually impaired - Appeal already admitted - No likelihood of appeal being taken up for final disposal shortly - Without commenting on merits of the case and keeping in view the totality of facts and..........
