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 -..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of brown sugar - Bail - As per record, a commercial quantity of brown sugar was recovered from the petitioners - Petitioners failed to overcome the restriction provided u/s.37 NDPS Act - Therefore, interim bails granted in favour of petitioners stand..........
