Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - First informant had sufficient time to take action and to send a copy of information to the officer superior and in spite of the same, he did not adhere to mandatory provisions of law - There is thus, complete non-compliance of mandatory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Contraband - Application for bail filed by accused after the charge sheet has been filed, which extinguished the right of default bail - Special Judge rightly accepted the application for extension of investigation, as special Judge has..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 22(b) -- Contraband - Default bail - On the date of petition for default bail neither charge sheet filed nor order for extension of time to complete investigation granted - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bar since 12.8.2023 - Investigating agency has concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not commenced yet, as none out of 18 PWs has been examined so far - Culpability..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Contraband - Reduction of sentence - Accused has already undergone substantial part of sentence of 10 years R.I and in default of fine she has already spent more than 40 days in jail - Order in respect of 6 months R.I in case of default in payment of fine reduced to period of 2 months only...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Detecting officer had drawn the sample at the scene of occurrence and he did not forward the contraband substance as provided u/s 52-A of the Act - Remaining quantity of contraband seized from possession of accused was not forwarded to..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Oral application made by accused is sufficient to release him on statutory bail due to failure of I.O to file the final report on time and the Public Prosecutor not seeking for extension of time as provided u/s 36-A of NDPS Act - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg poppy husk - Bail - Contraband recovered is marginally higher than commercial quantity - Accused is behind the bars since 16.4.2023 - Trial of case has not commenced as none out of 13 PWs have been examined so far - Culpability if any would be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.6 Kg Opium - Bail - Quantity of contraband is marginally higher from commercial quantity - Accused is behind the bars since 16.7.2022 - Trial of case has not made any progress, as out of 10 PWs only 2 have been examined - Culpability if any would be..........
