Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 75 intoxicant bottles of Wincriex - 100 ML - Petitioner has been in custody for over a year - Though charges have been framed, evidence of prosecution yet to begin - Petitioner is not involved in any other case under NDPS Act - Point raised..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C), 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1500 tablets of Tramadol Hydrochloride - Bail - Story put forth by prosecution seems doubtful that accused carrying contraband in transparent polythene bag which would easily expose person carrying such contraband - Accused is in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 439 -- Recovery of 285 gms heroin - Bail - Petitioner has been in custody since 24.12.2017 - No overt act has been committed by petitioner and co-accused - No recovery has been effected from..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - Copies of documents, if any, available in the electronic medium, which do not have any scope to disclose the identity of the minor victim..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - When there is possibility of disclosure of identity of minor victim, then instead of supplying, copying such documents to accused, it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 44,160 bottles of cough syrup - Recovery under the Act are part of an organized crime wherein different roles are played by different accused persons - Therefore, recovery or seizure cannot be held to be a sine qua non for arrest/detention or even for conviction if there are other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 44,160 bottles of cough syrup - Contraband recovered is a commercial quantity - Two relevant factors u/s 37 of NDPS Act that Court should come to satisfaction that prima facie accused is not guilty of offence and also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 265 gms heroin - Intermediate quantity was recovered from accused - No PW has been examined - Trial of case is likely to take time to conclude - Keeping in view the custody of accused and facts and circumstances of case, bail granted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 Kg 200 gms Charas - Bail - Contentions of accused may have substance but same can only be adjudicated at the trial - Plea of conscious possession has also to be adjudicated at the trial - Accused is in custody since 11.7.20 - He is not involved in..........
