Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Recovery of 920 intoxicating tablets - Bail - Keeping in view the nature and quantity of contraband as well as custodial period of accused, his further detention behind the bars may not be necessary for any purpose, without expressing any opinion on merits of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1 quintal 3 kg 290 grms Ganja - Bail - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused, reasonable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - Accused is entitled to notice of an application for extension made u/s 36-A(4) of the Act so that he is in a position to oppose the same, if need be...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused being produced before Court on the date of filing of application for extension or on the date of any order being passed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act can be filed through Additional Public Prosecutor...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused is entitled to notice of an application for extension made u/s 36-A(4) NDPS Act - In the absence of same, there is no valid..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Non-association of independent witnesses - Mere absence of non-association of independent witnesses will not be fatal to prosecution case - However, in such circumstance it is called upon Courts to assess version of available PWs on record more minutely in order to negate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Testimony of official witnesses - Spot position as shown in spot map has remained unrebutted - Minor discrepancies as to place of exact recovery can be ignored - PW7 and PW8 have materially corroborated each other - Recovery of contraband was also proved by statements of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Search and seizure - Necessary procedure as required under the Act has also been found to be adopted - NCB form was partially filled on the spot by I.O - Recovered contraband in sealed packet was produced before SHO who after satisfying himself resealed the same - Nothing..........
