Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Medical ground - Medical report on record does not indicate an immediate life-threatening condition or incapacity to be treated within jail premises - Bail declined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Where recovery from accused is marginally over and above commercial quantity for respective contraband in each case, Courts have taken a lenient view while granting bail to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Considering custody period undergone by petitioner i.e. 2 years, 10 months and 12 days added with facts that recovered contraband is marginally over and above commercial quantity and investigation is complete and after framing of charge out of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii), (b), (c), 20(b)(ii)(C), 25, 8(c), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Ganja - Bail - Police record shows that while weighing contraband did not segregate flowering tops from other material - Definition of Ganja is restricted and it does not include seeds and leaves of Ganja plant -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - At the stage of considering bail application of an accused, evidence led by prosecution cannot be meticulously examined - It is only if from a cursory look at the evidence recorded during trial of case it is possible to frame an opinion that accused is not guilty..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Bail - Contraband - 11 bottles of codeine were recovered from bedroom of petitioner - Executive Magistrate has categorically stated that he did not accompany raiding party and he only sealed samples which were brought to his office by police -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
