Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused is having requisite certificate and drug license to run medical store which is not disputed - He has not disposed of or sold even a single bottle of drug in question, which he purchased through bills -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41 -- Contraband - Secret information received by PW2 was limited to anticipation of A-4 carrying contraband from a particular route in an auto rickshaw, remains unchallenged - Accordingly, there was no prior information to the raiding party, including Gazetted Officer that there is contraband in the house of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for the last 1 year, 1 month and 11 days - Although he is involved in one more case, but that does not pertains to NDPS Act - Out of 18 witnesses as cited by prosecution, not even a single witness has been examined..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Neither any inventory was prepared nor same was produced before jurisdictional Magistrate on the next date - There is thus, a clear violation of S.52-A of the Act - Appellants acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - There is no application made by Customs officials for disposal of seized contraband u/s 52-A(2) of the Act to the jurisdictional Magistrate - No application has been filed by Investigating Agency for certification of correctness of inventory, photographs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - I.O discloses that he did not mention in his final complaint as to where and in what condition the samples were kept from 16.06.2015 to 18.06.2015 - As per the final complaint, 24 grams of samples collected but he did not give any explanation as to how 24..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
