Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Poppy husk - Recovery of 10 Kg. - Not a commercial quantity - Accused in custody for 17 months - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 61, 50 -- Bail - Recovery of 3 Kgs. of opium - Plea that there has been no, compliance of Section 50 of the Act at the time when search was conducted and not independent witness associated in raiding party and on the date of the crime the accused was aged 18..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Poppy husk - Recovery of 100 Kgs. - Bail - Sought on the ground that provisions of Ss.50, 52 and 57 not complied with - Bail refused - 100 Kgs. of poppy husk is a commercial quantity - Limitations of S.37 cannot be ignored and it is premature to say whether..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1kg. 10gms. of opium from the bag carried by the petitioner - Quantity recovered not falling within purview of commercial quantity as per notification dated 19.10.2001 - Petitioner in custody for a period of more than eight months - Bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Poppy husk - Recovery of 30 Kgs. - Recovery of poppy husk less than 50 Kgs. not 'commercial quantity' - S.37 of the Act does not apply to such recoveries - Bail in such cases is governed by S.439 of Cr.P.C. - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1, Criminal Procedure Code, 1973, Section 437, 439 -- Offence under NDPS Act punishable for five years or more - Bail - Accused cannot be granted bail unless limitations contained u/s 437 and 439 Cr.P.C. and Section 37 of NDPS are satisfied - Limitations contained in S.37(1) of NDPS Act are in addition to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S7(1), Criminal Procedure Code, 1973, Section 437, 439 -- Arrest under NDPS Act - Bail - Accused not eligible for bail u/s 37 of NDPS Act - Court can however grant bail by invoking proviso (1) to S.437(1) Cr.P.C. when Court is satisfied that it is just and proper to do so...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1), Criminal Procedure Code, 1973, Section 437, 439 -- Growing of ganja plants - No evidence that accused were owners of the field - Accused allowed bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1), Criminal Procedure Code, 1973, Section 437, 439, Juvenile Justice (Care and Protection of Children) Act, 2000 -- Juvenile when accused of an offence under NDPS Act - He is entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Opium - Bail - Accused gave option to be searched in presence of Magistrate but searched in presence of a Gazetted Officer - Search not proper and the same is illegal - Bail allowed without commenting on merits...........
