Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 25A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 23320 kgs Methaqualone tablets - Bail - Petitioner tried to set up a plant for manufacture and trade of Methaqualone without ensuring that co-partner had a valid licence for commissioning of plant - No evidence on record that petitioner..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Default bail - Contraband - Charge sheet not filed within 60 days which expired on 4.8.2017 - Charge sheet filed on 20.9.2017 - Application for bail filed on 19.9.2017 and application for default bail filed on 21.9.2017 - Held, bail application not to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 310 kg poppy straw - Recovery effected from co-accused - No recovery effected from petitioner - Vehicle carrying contraband was registered in the name of petitioner - Rigor of S.37 of NDPS Act not applicable - Without expressing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in NDPS Act - Vehicle carrying 22 kg poppy straw i.e below commercial quantity - Merely because vehicle is likely to be confiscated after trial, conditional release of vehicle on "supardagi" cannot be denied and..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle if remains in police station for long period same will be destroyed - No other person is claiming custody of vehicle in question - Vehicle directed to be release on suparadginama with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on granting of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 90 vials of codispan cough syrup - Each vial of codispan cough syrup contained 10 mg codeine phosphate - Codeine is a derivative of opium and it is having one time addiction - Petitioner purchased drugs for selling the same - He was running the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Involvement of petitioner in other similar offence - Though registration of earlier cases cannot be sole ground for rejecting bail application, however that can be taken into account to ascertain..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Petitioner arrested not only on the basis of statement of co-accused but there is also substantive evidence of call details regarding his involvement in offence - Main accused neither acquitted..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Release of vehicle - Vehicle seized for allegedly carrying contraband - Denial of relief on ground that after conviction of petitioner, vehicle is liable to be confiscated - Held, solely for the reason that vehicle is likely to be confiscated after trial,..........
