Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 21(c) of NDPS Act - Appeal for practical reasons when cannot be disposed of expeditiously, appellate Court can pass appropriate orders for suspension of sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Anticipatory bail - Recovery of opium - Petitioner not arrested at the spot and has been nominated as accused on the basis of disclosure statement of co-accused - Admissibility and veracity of which is yet to be tested - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 4.2 kg ganja patti - Even if recovered contraband is taken to be `ganja' still the name would fall within intermediate quantity being less than 20 kgs - Challan already filed - No useful purpose would be served by further detaining petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 67, Criminal Procedure Code, 1973, Section 439 -- Recovery of 35 kg ganja - Bail - Confession of co-accused - Investigation of case is complete and final report also filed - Only material available against accused is statement of co-accused and there is no other material - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - Offence u/ss 8, 25 of NDPS Act - Evidence with respect to sealing of samples, keeping them in Malkhana, sending them for FSL examination and also keeping in safe custody all articles seized under NDPS Act, would ipso facto reveal..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss.22, 29 NDPS Act - Recovery of 260 grams of heroin from dashboard of car - It would certainly be debatable as to whether petitioner can be attributed conscious possession of the contraband - Even, trial has recently commenced and conclusion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 439 -- Recovery of 320 gms opium and poppy straw weighing 14 kg 400 gms - Recovery effected below commercial quantity - Without expressing any opinion on merits bail granted...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 8, 20(b)(ii)(C) of NDPS Act - Co-accused already given benefit of suspension of sentence - Case of accused is not distinguishable from co-accused - Accused are in..........
