Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2600 bottles of Codeine Phosphate - Bail - Recovery effected from the house of co-accused which fall under the category of commercial quantity - Petitioner roped in the crime on basis of confession of co-accused, which is not admissible - Prima..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Police having prior information of commission of crime - Provision of S.50 of the Act is squarely applicable - Acquittal for violation of S.50 of the Act, calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Recovery of 260 grms heroin - Second bail application - Petitioner is not involved in any other criminal case - He is in custody for over 1 year and 3 months and only 2 PWs out of 9 PWs have been examined so far - It is debatable whether mandatory provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 75 intoxicant bottles of Wincriex - 100 ML - Petitioner has been in custody for over a year - Though charges have been framed, evidence of prosecution yet to begin - Petitioner is not involved in any other case under NDPS Act - Point raised..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C), 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1500 tablets of Tramadol Hydrochloride - Bail - Story put forth by prosecution seems doubtful that accused carrying contraband in transparent polythene bag which would easily expose person carrying such contraband - Accused is in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 439 -- Recovery of 285 gms heroin - Bail - Petitioner has been in custody since 24.12.2017 - No overt act has been committed by petitioner and co-accused - No recovery has been effected from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 44,160 bottles of cough syrup - Recovery under the Act are part of an organized crime wherein different roles are played by different accused persons - Therefore, recovery or seizure cannot be held to be a sine qua non for arrest/detention or even for conviction if there are other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 44,160 bottles of cough syrup - Contraband recovered is a commercial quantity - Two relevant factors u/s 37 of NDPS Act that Court should come to satisfaction that prima facie accused is not guilty of offence and also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 265 gms heroin - Intermediate quantity was recovered from accused - No PW has been examined - Trial of case is likely to take time to conclude - Keeping in view the custody of accused and facts and circumstances of case, bail granted to..........
