Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 44 gms Diphenoxylate Hydrochloride - Bail - Recovered contraband would fall within intermediate quantity i.e less than `commercial quantity' - It is debatable as to whether each of two accused can be attributed conscious possession of contraband..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 24 intoxicating injections and 8.70 gms heroin - Quantity of heroin recovered from petitioner is small - 12 injections of pheniramine Maleate do not fall within ambit of NDPS Act - Considering custodial period of petitioner, status of case,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c), Criminal Procedure Code, 1973, Section 100(4) -- Recovery of charas - Non-compliance of S.100(4) Cr.P.C - Second independent witness was present on the date to depose but examined on another date on objection from defence side - Witness did not appear subsequently as won over by accused - No material..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313 -- Contraband - Statement of accused u/s 313 Cr.P.C. - Specific question regarding conscious possession not put to accused - Unless a specific question is raised, presumption u/s 35 or S.54 of the Act cannot be used against accused - Prosecution failed to prove that..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, Drugs and Cosmetics Act, 1940, Section 18A, 18C -- Bail - Offence u/s 22-C NDPS Act and Ss.18-A, 18-C Drugs and Cosmetics Act - Recovery of cough syrup and psychotropic tablets - Petitioner not arrested from spot and he has been implicated only on account of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Statement of seizure officer PW10 was recorded after rejection of first bail application - PW10 clearly and unequivocally admitted that method of drawal of samples is ex facie laconic, which substantially reduced chances..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, 30 -- Bail - Offence u/ss 8, 22, 29, 30 of NDPS Act - Bail granted to accused by High Court without issuing notice to Public Prosecutor concerned - Order of High Court set aside, as there was a serious infirmity - Matter remitted back to High Court to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 250 gram of Diphenoxylate and 10 grams of heroin - Considering period of incarceration already suffered by petitioner, bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Bail - Offence u/ss 15, 61 NDPS Act - Recovery of 35 kgs of poppy husk - Petitioner undergone 5 months and 12 days of custody - As per custody certificate there was another case u/s 15 NDPS Act which was pending against him with regard to 10 kg of poppy husk..........
