Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 44,160 bottles of cough syrup - Contraband recovered is a commercial quantity - Two relevant factors u/s 37 of NDPS Act that Court should come to satisfaction that prima facie accused is not guilty of offence and also..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Anticipatory bail - Recovery of 10 grms heroin - No recovery has been effected from petitioner - Petitioner has only been involved on the basis of disclosure statement made by co-accused without there being any other connecting evidence - Moreover, recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 65, Criminal Procedure Code, 1973, Section 439 -- Recovery of 252 gms heroin - Bail - Contraband recovered is just marginally above commercial quantity - Charges have not yet been framed - Trial in the case is yet to commence - Co-accused have already granted anticipatory bail - No useful purpose..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Contraband - Application for anticipatory bail of an offence under NDPS Act involving commercial quantity, is not barred under any of the provisions of NDPS Act - However, restrictions u/s 37(1)(b) of the Act in granting bail to..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Criminal Procedure Code, 1973, Section 438, Indian Medical Council Act, 1956, Section 15(2), 15(3), Medical Termination of Pregnancy Act, 1971, Section 3, 4, 5, Drugs and Cosmetics Act, 1940, Section 27A, Indian Penal Code, 1860, Section 420, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Illegal termination of pregnancy - As per..........
