Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21(c), 29 -- Default bail - Day of initial remand of accused to be excluded from statutory period - Prayer of extension allowed on 180th day - Unless statutory period of 180 days is completed, no right of default bail accrues in favour of accused - Bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 52 kg 850 gms Ganja - Default bail - Accused have not been informed of their right of default bail on expiry of period of 180 days nor have they been informed of such right while taking cognizance upon charge sheet filed by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is in custody for last 3 years, 2 months and 11 days - He is not involved in any other case - Trial in any case will take sufficient time to conclude - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Provision of S.37 NDPS Act not adverted to by High Court while allowing bail application - Order of High Court set aside - Bail application restored...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Criminal Procedure Code, 1973, Section 439 -- Recovery of 6 kg Ganja - Bail - Quantity involved in the case is not commercial quantity - Bar u/s 37 of NDPS Act therefore, has no application - Accused is languishing in jail for the last 2 months - Bail granted with conditions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 60 kg Ganja - Bail - Quantity of ganja seized from possession of petitioners is a commercial quantity - Bar and rigor contained in S.37 of NDPS Act, applies to the case - Prima facie case against petitioners is made out -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 300 gms heroin - Bail - Petitioner is in custody since 23.10.2020 - Challan has been filed and out of 20 PWs none has been examined till date - Co-accused against whom identical allegations are there, has already been granted bail -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioners are implicated solely on the basis of disclosure statement made by co-accused - No recovery is effected from petitioners - Petitioners have been in custody since 06.11.2020 and 23.04.2021 - Challan has already been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29 -- Criminal Procedure Code, 1973, S.439(2) - Contraband - Cancellation of bail - Addition of graver offence - Accused who was on bail, has been charged for a graver offence u/s 27-A of NDPS Act and he has also been found to be a part of a larger criminal conspiracy as a consequence whereof he has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Transportation of 200 Kgs. Ganja - Default bail - Application for extension of time filed before expiry of 180 days - Period of time for completion of investigation was extended by another 180 days - Default bail rightly declined...........
