Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Commercial quantity - Anticipatory bail - Held, for purpose of exercising powers of grant of bail in relation to accused, who are charged with offence of being involved in dealing with narcotics drugs in excess of commercial quantity, restrictions..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Commercial quantity - Anticipatory bail - Accused not arrested - Investigation is yet to be carried out - Held, where Public Prosecutor opposes bail application, Court has to record satisfaction that there are reasonable grounds for believing that..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Anticipatory bail - Recovery of 7 kg. of poppy husk from pillion rider of scooter and petitioner fled away from the spot - Accused joined investigation - Pre-arrest bail granted till report u/s 173 Cr.P.C. was filed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25A, 67, 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - 67.160 kg of Ephedrine seized from godown of petitioner - Statutory return prior to 1.4.2004 not submitted - Summons u/s 67 of the Act issued for producing documents in respect of enquiry made in connection with alleged trafficking..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Offence u/ss 15/61/85 NDPS Act - Al the three co-accused against whom there were similar allegations already granted regular bail/anticipatory bail Accused granted bail on principle of parity...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Anticipatory bail - Dismissal of bail application twice earlier - Concealing this fact from Court - Application dismissed for no fresh ground for anticipatory bail - Cost of Rs.20,000/- imposed for not coming to Court with clean hands...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(3) -- Offence under NDPS Act - Application for anticipatory bail is not maintainable in view of S.37 - Recourse to provisions of S.36A(3) of the Act also cannot be taken...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Poppy husk - Recovery of 40 Kg. - It is more than small quantity but less than commercial quantity - Accused was granted interim bail - Anticipatory bail allowed taking into account the legislative interdict and shift in the sentencing policy and the..........
