Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Merely informing accused that he has rights under the Act, without specifying what rights accused had under the Act, would not constitute compliance with mandatory requirement u/s 50(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.50 of NDPS Act - Bail - Notice u/s 50 of NDPS Act mentions that accused having been apprised of his rights, but said notice is absolutely silent as to what rights were apprised to accused as also whether he was apprised of his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Commercial quantity - Bail - Long period of incarceration is not at all a ground to enlarge accused on bail in case where huge quantity of narcotic items are involved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 37, Criminal Procedure Code, 1973, Section 439 -- Transportation of 209.700 kg Ganja - Conscious possession - Bail - Drugs were transported together by accused in a car and lorry with the help and assistance of A-6 after procuring it from him - Prima facie record reveals that both the vehicles..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 27A, 29A -- Confession of co-accused - Offence u/ss 27-A, 29-A of the Act - Framing of charges against accused on basis of confession of co-accused not sustainable, particularly when no contraband was recovered from premises of accused - Only 4 Kgs Acetic Anhydride (Controlled Substance) was allegedly found..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 29, 60(3), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 349.250 kg Ganja - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - Absence of recovery of contraband from the person of accused, does not absolve it of level of scrutiny required u/s 37(1)(b)(ii) of NDPS Act and by itself not a ground to grant bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Non-compliance of S.42 of the Act - Bail - Issue of whether there was compliance of procedure laid down u/s 42 of NDPS Act is a question of fact - Question is one that should be raised in the course of trial - Order granting bail set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
