Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Petitioner `V' is in custody since 01.12.2024 and till date not a single witness has been examined - While taking into consideration the period of custody already undergone by petitioner `V' fact that he does not have any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23, 29 -- Bail - Contraband - Duration of custody is not standalone reason to grant bail when the very act of granting could undermine larger fight against drug trafficking - There is significant risk that petitioner could flee or attempt to influence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Merely because petitioners are alleged to be habitual offenders, that would not disentitle them for grant of statutory bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Offences for which petitioners have been charged are punishable with imprisonment for a term which may extend upto 10 years, there being no minimum of 10 years - Merely because..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Non-association of independent witnesses is not fatal - Case of prosecution cannot be discarded due to non-association of independent witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Chance recovery - Recovery was effected from carry bag being carried by accused and not from personal search of accused - Provision of S.50 of the Act do not apply - Non-compliance with S.50 of the Act is not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of S.42 of the Act - Accused was walking on open road with backpack - S.42 of the Act does not apply to an open place but only to a closed place...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Non-compliance of S.55 of the Act - Recovery was made by Inspector/SHO - If he thought that being an SHO he was not supposed to comply with requirement of S.55 of the Act, he cannot be faulted - Prosecution cannot be doubted because case property was not resealed by Inspector...........
