Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - Period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under NDPS Act in a case where embargo u/s 37(1)(b) of the Act is attracted or accused has criminal antecedents...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29 -- Bail - Contraband - Contraband was seized from direct possession of applicant - Applicant has not been able to point out existence of any facts or circumstances that are sufficient to justify recording a finding that he is not guilty of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 25, 29 -- Bail - Contraband - When as per investigation there are financial transactions establishing a monetary link between applicant and co-accused persons, indicating active coordination and involvement in alleged offence of tracking Ganja in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 25, 29 -- Bail - Contraband - Co-accused are still absconding - There are multiple witnesses to be examined - It will be premature for releasing applicant on bail, at this stage - Bail application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - PW1 to PW3 stated that immediately on interception, bag of accused was searched and contraband detected - Consent letter was signed after detection was made and then confession was alleged to have been made - Attempt is to say that detection was separate from actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - Site plan as available from records indicate that interception of accused was after he entered into territory of India - However, there is no such entry indicated in passport - Even if accused was arrested..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Consent letter as available in records indicate it to have been written in English and signed only by accused - However, evidence of PW1 indicates that consent letter was confronted to accused who recognized his signature - PW1 stated that he informed accused about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 22(c), 25, 27A, 29 -- Bail - Contraband - Petitioner is in judicial custody as an under trial prisoner for 3 years and 6 months - Prosecution intends to examine as many as 159 witnesses - Examination of 159 witnesses or even 50% of same is going to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Suspension of sentence of conviction - Contraband - 80 packets of contraband articles were recovered and only 24 grams of seized contraband was sent to forensic examination - Said contraband in 80 packets were mixed up and were taken to Magistrate for..........
