Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Negation is the rule and its grant is an exception under S.37(1)(b)(ii) - For granting bail Court must on the basis of record be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and further that he is not likely to commit any offence while on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Successive bail applications - Permissible under the changed circumstances only - Without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which is not permissible under Criminal law...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Opium - Bail - Accused opted to be searched before Magistrate - Search made before Naib Tehsildar - Naib Tehsildar may be Magistrate for revenue purpose but he cannot be considered to be an Executive Magistrate under the Cr.P.C. or NDPS Act - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15 -- Poppy husk - Recovery of - Bail allowed to accused on plea of accused that case was engineered falsely by police...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 50 -- Poppy husk - Recovery of 30 Kg. - Bail - Recovery effected in presence of Naib Tehsildar who was not a Magistrate - Bail allowed without commenting on merits of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Accused opted to be searched before Magistrate - However, accused searched in presence of Naib Tehsildar who is not a Magistrate - Recovery was effected on receipt of secret information but information was not reduced to writing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 439 -- Bail - 5 Kg. of Opium recovered - Jurisdiction of Court to grant bail is circumscribed by the provisions of S.37 of the NDPS Act - Accused should not be released on bail during trial unless mandatory conditions i.e. reasonable ground for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8(c) -- Packets containing 3.8 kg. of heroin seized from room of hotel in which accused was staying - Accused was the only person staying in room - Trial Court found evidence of PW1 and PW2, Search Officers and PW4, Panch witness reliable - Panchnama corroborated evidence of witnesses - Defence of accused..........
Constitution of India, 1950, Article 226, 227 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction and sentence under section 25 of N.D.P.S. Act read with section 46 of B.S.F. Act - Bail - Section 32A of the N.D.P.S. Act does not impair the powers of the High Court in suspending sentence and granting bail - The petitioner has already remained in jail for..........
