Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recoding a finding mandated u/s 37 of the Act, which is sine qua non for granting bail to an accused under the Act cannot be avoided while passing orders on such applications...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - When accused is involved in offences u/ss 21(c), 29 of NDPS Act, more than one occasion and when the quantity of contraband substance is much above the commercial quantity, then non-consideration of provision u/s 37 of NDPS Act, has to be taken as a very serious lapse...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Accused on the sole reason that the she is a HIV patient, cannot be a reason to enlarge her on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Recovery of 2 kg opium - Bail - Recovery of 2 kg opium falls in intermediate quantity - S.37 of the Act will not apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg opium - Bail - Rigors of S.37 of NDPS Act do not apply, as recovery effected is intermediate quantity - Role of accused is similar to co-accused who were already granted bail - Pre-trial custody may not be justified at this stage - Bail granted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Recovery of 4.400 Kgs. of contraband opium - Contraband remained in the custody of preventive squad for about 24 hours without any legal action and during this period a long distance from one State to another was covered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On parity basis - Accused and co-accused were apprehended while they were carrying the contraband - Co-accused has already been granted bail - Accused is at par with co-accused and his further custody will not serve any meaningful purpose -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Challan stands presented and charges are yet to be framed - Trial is prolonged and likely to take long time, as out of 13 PWs none has been examined - Accused already suffered sufficient period in custody and is not involved in any other case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
