Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Charge sheet has already been filed - A-1 in custody for over a period of two years - Bail granted to A-1...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 61, 58, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 gms of heroin - Bail - It would be strange that contraband would be randomly planted on any person coming in a vehicle without there being any enmity shown between any particular police officer and petitioner looking at the fact..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, 29, 21(c) -- Concurrent running of sentences - Conviction of accused in two cases under NDPS Act - Accused convicted by two different Courts in two different trials for offences with respect to different transactions - Judgment in both the cases delivered one..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Suspension of sentence during pendency of appeal against conviction - Conviction u/s 29 of NDPS Act - Accused has undergone 8 years out of 10 years of total sentence - Appeal is unlikely to be heard early - Though offences under NDPS Act are of a serious nature..........
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,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - Absence of recovery of contraband from the person of accused, does not absolve it of level of scrutiny required u/s 37(1)(b)(ii) of NDPS Act and by itself not a ground to grant bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of heroin - Bail - Accused have been in custody for last 1 year 6 months and 23 days respectively - Challan has already been presented - There are as many as 25 witnesses out of which only one witness has been examined - Trial of case is likely..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 grm heroin - Bail - Recovery effected is marginally higher than commercial quantity - Petitioner is in custody since Oct 2020 - He is not involved in any other case under the Act - Investigation is complete and conclusion of trial is..........
