Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Contraband - Accused is a habitual offender - FIR registered against accused while he was on bail in respect of another case registered under NDPS Act - Accused again indulged himself in similar activities violating provisions of NDPS Act - He has..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37 -- Bail - On the ground of parity with co-accused - Recovery of 24.560 kgs Ganja - Commercial quantity - Accused were caught red handed while transporting commercial quantity of ganja - Whether A-3 was only a gratuitous traveller or whether A-2 was..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Suspension of sentence during pendency of appeal filed against conviction - Offence u/s 21(c) of NDPS Act - Petitioner sought suspension of sentence on medical condition - Doctor who examined petitioner in jail suggested that petitioner needs a better..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 20(b)(ii)(A), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of charas - Applicant is a German national working as qualified Audio Engineer and a roofing specialist - He came to India for first time for tourism purpose - There are no criminal antecedents of applicant - Contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of injections - Bail - Petitioner is in custody since 2018 - Only one witness has been examined out of total 13 witnesses cited by prosecution - Petitioner is on bail in another case registered under the Act - Trial of case is not likely to be concluded..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Confiscated proceedings have not been initiated with regard to vehicle - Court directed to release of seized vehicle - No typographical or any other apparent mistake has been committed in the order -..........
