Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 63, Criminal Procedure Code, 1973, Section 451 -- Vehicle seized for transporting narcotic drugs - Can be released on Sapurdari invoking provision of S.451 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused undergone 6 years 2 months and 15 days out of substantive sentence of 12 years and case of accused is squarely covered by ratio of Daler Singh Vs State of Punjab - Without commenting on merits of case,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused also earlier convicted u/s 21 of NDPS Act and that sentence was over - Accused undergone 1 year 6 months and 7 days out of total substantive sentence of 4 years - Keeping in view period of incarceration..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 64A -- Bail - Drug addict - Recovery of 2 gms heroine - Accused a drug addict was earlier arrested twice for small quantity - He is not involved in trade of sale and purchase of NDPS - Considering the sentence of six months prescribed for recovery of small..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 436 -- Bail - Recovery of 1.5 gms heroine - Quantity of drug allegedly heroine recovered from accused is small quantity - Conditions of S.37 of NDPS Act not applicable to case, as it is applicable to offences involving commercial quantity - Registration/pendency of..........
Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Seizure of vehicle - Offence under NDPS Act - Seized vehicle can be returned to registered owner on furnishing bond with surety - Owner of vehicle has to produce vehicle before Trial Court as and when called for and he will not change nature and character..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313 -- Contraband - Merely because question regarding chemical laboratory report was not asked from accused, no prejudice is being caused to accused, as accused was all along aware of said report - Moreover, on mere technicality, conviction cannot be interfered -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xi), 21, Criminal Procedure Code, 1973, Section 439 -- Manufactured drug - Recovery of 20 bottles of cough syrup containing chlorpheniramine maleate and codeine phosphate and 299 tablets of Nitrazepam - Bail - Codeine phosphate is a manufactured drug - Accused possessing same without any license or authority..........
