Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 27(a) -- Contraband - In the absence of seizure of contraband, guilt under NDPS Act cannot be proved through circumstantial evidence or through visuals in a mobile phone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(B) -- Contraband - Statement made by co-accused to police officer cannot be treated as a material connecting accused with the crime, especially considering the offence u/s 27(B) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 27(a) -- Contraband - Accused allegedly consumed a narcotic drug and video graphed the said act - However, contraband allegedly consumed by accused was not recovered during the search - In the absence of any material to prove that what was consumed by accused, as shown in the videograph was a narcotic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Mere filing of charge sheet is not a ground at all or has no persuasive value to grant bail to an accused of allegedly committing offence under penal provisions of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 25, 29, Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/ss 20(b)(ii)(c), 25, 29 of NDPS Act - Materials available on record do not suggest anything that there are reasonable grounds to believe that accused is not guilty of committing the alleged offence under NDPS..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A -- Powers of Special Court - Restrictions contained in S.37 of the Act were meant to be applicable to Courts other than Constitutional Courts - However, in view of provision contained in S.36-A (3) of NDPS Act, those restrictions do not apply to Constitutional Courts...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A, 8, 20, 23, 29, 68 -- Bail - Contraband - Packets recovered were not numbered serially for the purpose of identification, as provided in R.3(2) of NDPS Rules - Samples were not drawn in presence of a Magistrate, as provided in S.52-A of NDPS Act and R.9 of NDPS Rules - Authorities themselves have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Accused wants to solemnize his marriage and for this purpose he sought interim bail - He is stated to have undergone an actual sentence of 4 years - Interim bail for 4 days granted to accused...........
