Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.085 kg MDMA - Bail - Commercial quantity recovered from accused - S.37 of NDPS Act would apply to case - Prima facie there are materials in abundance to connect accused in the crime inclusive of CCTV footage - It cannot be held that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.688 kg charas - Bail - Recovery effected from accused falls under Commercial quantity - Rigours of S.37 of NDPS Act comes into play - It cannot be said at this stage that accused has not committed any offence nor it can be said that if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Seeking extension of period of detention - Application of mind of the public prosecutor - Power of the Court to extend the period of detention under proviso to section 36A(4) of the Act is based on the report of a Public Prosecutor - However, lapse resulting in delay in completion of investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Seeking extension of period of detention - Application of mind of the public prosecutor - Power of the Court to extend the period of detention under proviso to section 36A(4) of the Act is based on the report of a Public Prosecutor - However, lapse resulting in delay in completion of investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1 kg 555 grms charas - Petitioner is in custody since 30.3.2021 - Trial is not likely to be concluded in near future - There is nothing on record to suggest that delay in trial is attributable to accused - Bail granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 14 injections of Pheniramine melate IP (Avil) 10 ml each and 14 injections of Buprenorphine IP 2 ml each - Bail - Petitioner is not involved in any other case - Co-accused has already been granted bail - Conclusion of trial may take a long time -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - At the stage of bail it cannot be precisely ascertained as to whether compliance of S.50 of the Act has been substantially made or not as it can only be ascertained during trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 37 -- Bail - Contraband - Option to be searched either before a Magistrate or Gazetted Officer given to accused before her search but inspite of that accused did not opt to be searched either before a Magistrate or a Gazetted Officer and with her consent search was conducted by two female constables - There..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
