Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - In a case when there are arguable points on merits and custody is also adequate, the Hon'ble Supreme as well as various High Courts have granted bail even in cases involving commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 54 kg Ganja - Bail - Several arguable points in the case which would be finally considered at the time of trial - Keeping in view facts and circumstances of the case as well as custody period of petitioner, bail granted to petitioner with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Contraband - Determination of weight - Quantity of neutral substance is not to be excluded and to be taken into consideration along with actual content of weight of offending drug while determining small and commercial quantities...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Contraband - Determination of weight - Quantity of neutral substance is not to be excluded and to be taken into consideration along with actual content of weight of offending drug while determining small and commercial quantities...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4.3 kgs Ganja - Quantity of ganja seized is only 4.3 kgs which is not a commercial quantity - Bar u/s 37 NDPS Act not attracted - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 29, 61 -- Bail - Offence u/ss 15(c), 29, 61 NDPS Act - Recovery of 110 kg poppy husk - Recovery made from truck which petitioner was driving was of 30 kg of poppy husk - The same is non-commercial quantity - Petitioner is not involved in any other case - Challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Partial compliance of provision of S.50 of the Act only tantamount to non-compliance - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c), 29 -- Contraband - Safe custody of properties after seizure - Challenge as to - When circumstances indicative of tampering are not pointed out, challenge raised on proper and safe custody of properties after its seizure and production before Court will not sustain and is only to be discarded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c), 29 -- Contraband - Non-joining of independent witness - Independent evidence is totally lacking in the case - However, evidence of official witnesses PW1 and PW2 who took part in detection of offence and formalities of search and seizure, is reliable - Version of both the witnesses also corroborate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kg poppy husk - Recovery effected from canter - Petitioner is neither owner nor driver of said Canter - Joint non-consent of both petitioner and co-accused has been recorded - It becomes debatable as to whether provision of S.50 of NDPS..........
