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 20 -- Recovery of charas - Quantity of contraband - Sample weighing 39 grams of charas examined by FSL was not the representative sample of entire bulk - Accused therefore, cannot be held to be have been found in illegal conscious possession of charas - He can be held to be in possession of 39 grms of charas or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 151.45 kg Ganja - Bail - Contraband recovered was more than commercial quantity - Accused was apprehended at the spot and was having conscious and constructive possession over recovered Ganja - There is no prior ill will or enmity of accused with..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Contraband - Commercial quantity recovered from bag of co-accused - No contraband was recovered from petitioner - Petitioner named in FIR merely because he was sitting with co-accused in public bus - Merely travelling with co-accused from whose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Conscious possession - Prosecution proved that five bags of poppy husk each containing 30 kg had been recovered from car in question and both the accused are to be taken in conscious possession thereof - Merely because DSP is not examined does not make any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 Kg 200 gms Charas - Bail - Contentions of accused may have substance but same can only be adjudicated at the trial - Plea of conscious possession has also to be adjudicated at the trial - Accused is in custody since 11.7.20 - He is not involved in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 311 kg Ganja - Conscious possession - Recovery effected from secret cabin of vehicle - Personal mobile phones were also recovered from possession of accused and their driving licenses along with other documents also recovered from vehicle - Since secret cabin was made in drivers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Conscious possession - Presumption u/s 54 of the Act - Available only when possession by accused is proved beyond reasonable doubt...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85, Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 395, 427, 216, 34 -- Bail - Offence u/ss 20, 61, 85 NDPS Act, S.25 Arms Act and u/ss 395, 427, 216, 34 IPC - Recovery of 17 quintals 12 kg and 760 grams ganja from canter - From disclosure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Specific allegations were leveled against A-2 regarding recovery of substantial commercial quantities of drugs from a rented accommodation occupied by him pursuant to which he was..........
