Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of provision of S.52-A of NDPS Act - Samples drawn in the presence of mediators, but not in the presence of Magistrate - There is thus, non-compliance of provision of S.52-A of NDPS Act - Moreover, accused is in judicial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - S.37 of the Act does not lay down any stipulation that accused is entitled to be released on bail if trial does not commence within a particular period...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Petitioner is in judicial custody for 14 months - Investigation of case is complete and charge sheet has been laid - Petitioner is alleged to have been in possession of a commercial quantity of contraband and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - Recovery of huge quantity of intoxicating tablets - Accused is in custody for more than 3 years and 4 months - 11 PWs out of 19 are yet to be examined - Trial has not even reached halfway mark - Bail granted to accused solely on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars for more than one year - Investigation is complete - Final report u/s 173 Cr.P.C. already presented and trial of case would take long time to conclude - Accused is not involved in any other case and there is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Drugs and Cosmetics Act, 1940, Section 18A, 18(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from accused - Custody period of accused is more than 2 years and 4 months - Accused has no criminal antecedents regarding any NDPS matter - Trial may take..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Search and seizure by Sub Inspector who was not posed as SHO - Non compliance of statutory provision of S.42 of the Act as only officers mentioned therein and so empowered can make arrest or seizure - Non compliance of statutory provision - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
