Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii), (b), (c), 20(b)(ii)(C), 25, 8(c), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Ganja - Bail - Police record shows that while weighing contraband did not segregate flowering tops from other material - Definition of Ganja is restricted and it does not include seeds and leaves of Ganja plant -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - At the stage of considering bail application of an accused, evidence led by prosecution cannot be meticulously examined - It is only if from a cursory look at the evidence recorded during trial of case it is possible to frame an opinion that accused is not guilty..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Bail - Contraband - 11 bottles of codeine were recovered from bedroom of petitioner - Executive Magistrate has categorically stated that he did not accompany raiding party and he only sealed samples which were brought to his office by police -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Petitioner has been apprehended with a commercial quantity of contraband - Hence, rigors of S.37 of NDPS Act would certainly apply to him as there is nothing on record to show that he did not commit subject offence or would not commit..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Mere fact that accused is shown to be involved in two more cases of similar nature, that alone cannot be a ground to deny benefit of bail - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Exchange of calls between petitioner and co-accused - Mere call details without transcript of conversation exchanged between accused persons, would not be considered to be corroborative material in absence of substantive..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Petitioner is nominated in the case on the basis of series of disclosure statements suffered by co-accused - No subsequent recovery is effected from petitioner - Petitioner is in custody since 28.8.2024 - Investigation of case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
