Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 8(c), 20(b), 20(a)(i), 20(b)(ii), 37 -- Bail - Six plants weighting 5.050 Kg found in possession of accused - Even if presumed all parts of plants to be Ganja the same is less than commercial quantity and higher than small quantity - S.37 of NDPS Act not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Commercial quantity - Bail - Accused has already remained behind the bars for almost 1 year 2 months and 11 days - Investigation has been concluded, challan stands filed and charges framed - None of PWs out of 12 have been examined so far and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.085 kg MDMA - Bail - Commercial quantity recovered from accused - S.37 of NDPS Act would apply to case - Prima facie there are materials in abundance to connect accused in the crime inclusive of CCTV footage - It cannot be held that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.688 kg charas - Bail - Recovery effected from accused falls under Commercial quantity - Rigours of S.37 of NDPS Act comes into play - It cannot be said at this stage that accused has not committed any offence nor it can be said that if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of commercial quantity - Bail - Statements by accused recorded u/s 67 of NDPS Act - Cannot be the mere reason for disallowing bail unless other circumstances also call for rejection of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Merely because S.37 of NDPS Act comes into play as commercial quantity of contraband is involved it does not mean that accused cannot be entitled to bail whatever may be circumstances that may borne out from record...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of narcotics - Commercial quantity was recovered from accused - Accused is not facing charges under NDPS Act in any other case - Call records of mobile can be examined at the stage of trial - On the basis of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 58.5 kgs Doda post - Quantity recovered from accused was of commercial quantity - Even though there is non-compliance of S.41 of NDPS Act, rigors of S.37 of NDPS Act have to be still met - Since there are no reasonable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 151.45 kg Ganja - Bail - Contraband recovered was more than commercial quantity - Accused was apprehended at the spot and was having conscious and constructive possession over recovered Ganja - There is no prior ill will or enmity of accused with..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Contraband - Commercial quantity recovered from bag of co-accused - No contraband was recovered from petitioner - Petitioner named in FIR merely because he was sitting with co-accused in public bus - Merely travelling with co-accused from whose..........
