Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 7 kg Opium - Bail - Recovered contraband is heavy in quantity - There is compliance of mandatory provision of NDPS Act - Presence of applicants far away from their usual place of residence further casts shadow on his defence - Sample has..........
Employees State Insurance Act, 1948, Section 2(22)(d) -- Wages - "Conveyance allowance" is equivalent to traveling allowance and therefore any conveyance allowance/traveling allowance is excluded from the definition of "wages" u/s 2(22)(d) of the Act...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21(c), 29 -- Default bail - Day of initial remand of accused to be excluded from statutory period - Prayer of extension allowed on 180th day - Unless statutory period of 180 days is completed, no right of default bail accrues in favour of accused - Bail..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 477A, 120B, Criminal Procedure Code, 1973, Section 228, 401 -- Offence u/ss 13(1)(d), 13(2) of P.C. Act and Ss.420, 467, 468, 477-A, 120-B IPC - Framing of charge - Land in question was irrigated land, which was shown as barren/non-irrigated land due to connivance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 52 kg 850 gms Ganja - Default bail - Accused have not been informed of their right of default bail on expiry of period of 180 days nor have they been informed of such right while taking cognizance upon charge sheet filed by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is in custody for last 3 years, 2 months and 11 days - He is not involved in any other case - Trial in any case will take sufficient time to conclude - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Provision of S.37 NDPS Act not adverted to by High Court while allowing bail application - Order of High Court set aside - Bail application restored...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Criminal Procedure Code, 1973, Section 439 -- Recovery of 6 kg Ganja - Bail - Quantity involved in the case is not commercial quantity - Bar u/s 37 of NDPS Act therefore, has no application - Accused is languishing in jail for the last 2 months - Bail granted with conditions...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(2) -- Juvenile - Determination of age - Learning license, Voter I.D Card, should not be taken into account while determining age of a juvenile...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 60 kg Ganja - Mere non-mentioning of exact quantity of Ganja in FIR by itself is not fatal to case of prosecution...........
