Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 60 kgs poppy husk - As per recovery effected by police officer, two bags containing poppy husk recovered and quantity of contraband recovered from petitioner is marginally higher than commercial quantity - Moreover, petitioner is in custody..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant without any valid license and permit - Recovery of 500 gms of dry ganja - Cultivation of cannabis plant is prohibited - It is not the case of petitioner that he obtained license or permit or authorization from competent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant - Quantum of punishment - Punishment for cultivation of cannabis plant does not depend on quality or number of plants cultivated but is dependent upon quantity of cannabis - Even cultivation of one plant of cannabis is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50, Criminal Procedure Code, 1973, Section 227, 228 -- Contraband - Non-compliance of provisions of Ss.41, 42, 50 of Act - Said provisions whether compiled with or not is a question of fact involving appreciation of evidence - However, issue of no, compliance of Ss.41, 42 & 50 of Act cannot be a subject..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 25 kgs of poppy husk - Accused convicted and sentenced for R.I. of 10 years - Accused is in custody for 2 years - Sentence suspended...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 25A, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Recovery of intoxicant powder and tablets of pseudoephedrine - Retaining huge quantity of such contraband amounts to offence u/s 25-A of the Act - Nature of recoveries from petitioner attract S.37(1)(b)(ii) of Act - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 21(c), 27A, Criminal Procedure Code, 1973, Section 439(2) -- Recovery of huge quantity of contraband - Cancellation of bail - In the instant case, accused granted bail by single Judge of High Court with avoidable haste - State can seek cancellation of bail where Court granted bail by taking into..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kgs poppy husk and 1.5 kgs opium - Petitioner in custody for last 1 year and 4 out of 17 PWs have been examined - Trial will take sufficient long time - Since petitioner is not involved in any other case under NDPS Act, he is unlikely to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Conscious possession - Appeal against conviction - In the instant case, contraband recovered from bag lying between seats of car in which all accused were sitting - Even, none of accused took defence in their statement u/s 313..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Reduction in sentence - Accused ordered to undergo R.I. for period of 14 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further imprisonment for period of 1 year each - All accused are unmarried..........
