Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Bail - Recovery of 650 gms heroin - Even if S.52-A of the Act is not complied with, the same is not a ground for granting bail to an accused where more than commercial quantity of contraband is recovered overlooking the mandate of S.37 of the Act which is a pure question of trial - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Recovery of 30 kgs charas - Bail to juvenile/accused - Accused engaged in smuggling of charas in State and other provinces - He was apprehended with car and on his pointing out 32 kgs of charas was recovered from the vehicle - If..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4 kg charas - Petitioner neither arrested from the spot nor any recovery was effected from him - He was framed in the case on the basis of disclosure statement of co-accused - Petitioner is already in custody since September 2016 but challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 50 -- Bail - Recovery of commercial quantity - Non-compliance of S.50 of the Act - Prosecution ought to be given an opportunity to establish its case at the trial - Bail cannot be granted to accused merely on allegations that procedure of search and seizure u/s 50 of the Act is not followed...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - There is a statutory bar in the matter of grant of bail where contraband recovered is of commercial quantity - However, in the event it is found that there are inherent lacunas in the prosecution case which goes to its root and a strong prima facie case consistent with innocence of accused is made..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 702 kg poppy - Petitioner not directly involved in business in poppy, as business is conducted by her father - Licence stands in the name of father of petitioner - Moreover, weighment of stock of poppy was not conducted in a proper manner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 105 gm of intoxicant powder which is marginally higher than non commercial quantity - Out of 13 PWs only 2 PWs have been examined - Accused is behind bars for 8 months - Trial not likely to be concluded in near future - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Seizure of contraband - Accused in custody from last more than 3-1/2 years - Out of 79 witnesses statements of only 20 witnesses have been recorded out of which cross examination of 10 witnesses has been completed - Trial not likely to be concluded in..........
