Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 60 kgs poppy husk - As per recovery effected by police officer, two bags containing poppy husk recovered and quantity of contraband recovered from petitioner is marginally higher than commercial quantity - Moreover, petitioner is in custody..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Regular bail - Recovery of 50 kgs poppy husk - In the instant case, petitioner was in possession of 50 kgs of poppy husk - If weight of bag is excluded, then contraband will come to less than 50 kgs which does not come under commercial quantity - Contraband does not fall within preview of commercial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Recovery of 60 kgs poppy husk - Suspension of sentence during pendency of appeal - When contraband is marginally more than no, commercial quantity, then convict who is sentenced to imprisonment for ten years for having contraband in his conscious possession, is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Variation in description of quantity of contraband - Same has to be demonstrated in a proper trial - Quantity seized commercial quantity - Accused admitted their possession of the contraband and also photographs and search..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36A -- Default bail - Offence u/s 21 of NDPS Act - Commercial quantity of contraband - Challan not filed within 180 days - Application for extension of time filed before expiry of 180 days but not decided within 180 days - Accused filed application u/s 167(2)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1200 ML which is equivalent to 1092 gms. intoxicating liquid containing Codeine Phosphate - As per Schedule to NDPS Act 1000 gms and above of intoxicating liquid would be construed as commercial quantity - Recovery is marginally over and above..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29 -- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389 - - Suspension of sentence during pendency of appeal - Recovery of 200 gms. charas from applicant and remaining quantity of heroin recovered from co-accused - Applicant sentenced to undergo 10 years RI - Applicant has undergone 1 year 2 months and 14 days of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 700 tablets of Phenotil which has Diphenoxylate hydrochloride as an active ingredient - Non-commercial quantity - As per FSL report each tablet weighed 74 milligrams and thus total weight of 700 tablets was 50.8 grams, which was marginally more..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of poppy husk - Weight 52 kg. including weight of bags - If weight of bags is taken as 1 kg. and same is excluded from the recovery then recovery will fall under non commercial quantity - Bail granted treating the recovery as non commercial...........
