Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Contraband - Petitioner was not named in FIR and is sought to be implicated solely on the basis of disclosure statement of co-accused - No recovery effected from petitioner even after such disclosure statement and arrest of petitioner -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 5 months and 6 days - Antecedents of petitioner are clean and she is not a habitual offender - Petitioner is only female member in her family to take care of her..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25 -- Bail - Contraband - Petitioner is an accused of being in conscious possession of 140 grams intoxicant powder, 2 pistols .32 bore and 10 live cartridges of .32 bore - However, he is behind bars for more than 1 year 7 months..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Reduction of sentence - FIR lodged in 2018 - Appellant has been suffering the agony of trial since the last about 7 years - Accused is not involved in any other case and has undergone actual sentence of 2 months and 17 days out of total sentence of six months - Sentence awarded to appellant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18 -- Contraband - Order granting bail - Accused has been arrested in a similar offence under NDPS Act after granting bail - Order granting bail set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Appellate Court is bound by constraints of S.37 of the Act while considering the prayer for the grant of bail during the pendency of an appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Appreciation of evidence - As per record, the police had adopted a correct procedure and the entire proceeding of search and seizure was found genuine - Further, independent witnesses have duly supported the prosecution case about stopping of vehicle,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of Standing Orders 1/89 issued by government for drawing of sample - Mere non compliance of the procedure for drawing of the sample does not vitiates the entire search and seizure proceedings, when other evidences have duly supported the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of provision of S.42 NDPS - Recovery in transit - Admittedly, the alleged ganja was recovered from the vehicle of accused that was checked by police without receiving any prior information of the same - Provision of S.42 NDPS held not..........
