Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for the last 1 year, 1 month and 11 days - Although he is involved in one more case, but that does not pertains to NDPS Act - Out of 18 witnesses as cited by prosecution, not even a single witness has been examined..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was seized from accused - Rigour of S.37 of NDPS Act will apply - Accused has no criminal antecedents - There are reasonable grounds to hold that accused has not committed the offence and is not likely to commit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars since 2022 i.e for past almost 2 years - Out of total 14 PWs only 4 have been examined so far - Conclusion of trial may take long time - Accused is not involved in any other case of similar nature - Accused has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from the truck in question during transit - No material on record to satisfy that there exist any reasonable ground for believing that accused is not guilty of offence and that he is not likely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Reduction of sentence - Incident occurred in 2002 i.e more than 20 years ago - Accused are facing agony of protracted trial for about 17 years - They did not misuse concession of bail granted to them - Accused are not involved in any other case - Sentence reduced to period already undergone by..........
