Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant without any valid license and permit - Recovery of 500 gms of dry ganja - Cultivation of cannabis plant is prohibited - It is not the case of petitioner that he obtained license or permit or authorization from competent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant - Quantum of punishment - Punishment for cultivation of cannabis plant does not depend on quality or number of plants cultivated but is dependent upon quantity of cannabis - Even cultivation of one plant of cannabis is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Independent witness not supported the case of seizure - Even if version of independent witness to seizure does not support the case of seizure, if the version of official witnesses is worthy of credence and suffers from no infirmity, there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Ownership of field where ganja is cultivated not a pre-requisite or an ingredient to prove the cultivation in as much as a person can cultivate a land belonging to others having no ownership on the land, can commit the crime by planting the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Appellant allegedly found watering the plants which were found to be hemp plants with a bucket - However, neither the presence of any water source nearby was deposed by PWs nor bucket was seized - Evidence of official witnesses adduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 55 -- Recovery of opium - Accused indulged in business of opium without any license - Three females and one male arrested by police - PW1 informed the accused person about their right of being searched before Gazetted officer or Magistrate - Lady constable or home guard was also called for search of lady..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of opium - Accused indulged in business of opium without any license - Nothing to establish that they are falsely implicated but only stated that PWs have falsely deposed against them - There is no material on record to show that police has illegally challaned the accused and falsely implicated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Mere fact that an accused may feel free to commit an offence again if he is released cannot be a reason for detaining him in custody, as, such an approach, would result in using the power to keep an accused in judicial custody for a different objective, that of preventive detention...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b) -- Bail - Limitations contained in S.37(1)(b) of Act are in addition to limitations under Cr.P.C. - Even when prosecutor does not oppose petition for bail, Court is not bound to enlarge an accused on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50, Criminal Procedure Code, 1973, Section 227, 228 -- Contraband - Non-compliance of provisions of Ss.41, 42, 50 of Act - Said provisions whether compiled with or not is a question of fact involving appreciation of evidence - However, issue of no, compliance of Ss.41, 42 & 50 of Act cannot be a subject..........
