Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Mere virtual presence of accused will not serve any purpose if he is not aware of filing of application for extension of investigation and there are no materials to suggest that accused was granted an..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for investigation - Court failed to inform the accused as regards filing of application for extension of investigation and also failure to inform him of his right to object - Order allowing application for extension of time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Reduction of sentence - Accused belongs to poor strata of society and is the sole breadwinner of his family having aged mother, wife and two growing up children - He has faced the protracted trial for last 9 years neither committed any offence nor misused the concession of bail - Recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effected from conscious possession of accused - Presumption u/s 54 of NDPS Act cannot be drawn - Accused does not have any pending case against him - Trial of case is not likely to be concluded at an early date - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium along with 1 Kg Poppy husk - Recovered quantity of opium is only marginally higher than non-commercial quantity - Investigation of case already stands concluded with filing of challan - Accused is behind the bars for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused has remained in custody for a period of four years and three months - Only 5 out of 15 PWs have been examined - Conclusion of trial is to take time - Second bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Ganja seeds - No specific allegation that Ganja seeds were supplied by petitioner to other person with an intention to receive back grown Ganja after cultivation - However, material on record shows that petitioner can be said to have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
