Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on the ground that accused is behind bars for an unreasonably long time of about two years - Order of bail set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Accused allegedly got the cavities ingeniously fabricated below the trailor to conceal the contraband - No case for dispensing with mandatory requirement of S.37 of the Act made out - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Secret information - Petitioners have not been able to demonstrate that they suffered any prejudice on account of not being provided grounds of arrest and therefore merely on the said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Petitioner `V' is in custody since 01.12.2024 and till date not a single witness has been examined - While taking into consideration the period of custody already undergone by petitioner `V' fact that he does not have any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23, 29 -- Bail - Contraband - Duration of custody is not standalone reason to grant bail when the very act of granting could undermine larger fight against drug trafficking - There is significant risk that petitioner could flee or attempt to influence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Merely because petitioners are alleged to be habitual offenders, that would not disentitle them for grant of statutory bail...........
