Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Accused contended that application for extension of time of investigation from 180 days to 1 year was also filed on the same day when he applied for default bail - However, State contended that application for extension of time for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail - Bar as provided in S.37 of the Act cannot be invoked where evidence against accused appears to be unbelievable and does not seem to be sufficient for the purpose of conviction of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
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 jurisprudence..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Contraband - Application for bail filed by accused after the charge sheet has been filed, which extinguished the right of default bail - Special Judge rightly accepted the application for extension of investigation, as special Judge has..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 22(b) -- Contraband - Default bail - On the date of petition for default bail neither charge sheet filed nor order for extension of time to complete investigation granted - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bar since 12.8.2023 - Investigating agency has concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not commenced yet, as none out of 18 PWs has been examined so far - Culpability..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Oral application made by accused is sufficient to release him on statutory bail due to failure of I.O to file the final report on time and the Public Prosecutor not seeking for extension of time as provided u/s 36-A of NDPS Act - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg poppy husk - Bail - Contraband recovered is marginally higher than commercial quantity - Accused is behind the bars since 16.4.2023 - Trial of case has not commenced as none out of 13 PWs have been examined so far - Culpability if any would be..........
