Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of allopathic drugs - No licence is required under NDPS Act for storage of allopathic drugs containing narcotic drugs and psychotropic substances - State Govt. has not framed any rule in this regard - Held, petitioner entitled to be released on..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Grant of bail - Recovery of 100 Capsules of Petmol spas and recovery of 200 grams of intoxicating powder from co-accused - Conscious possession of 200 grams of intoxicating powder recovered from co-accused would be a moot point during course of trial..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 167(2) -- Bail - Offence u/s 22 NDPS Act - Application for extension of time for concluding investigation - Application not accompanied by report of Public Prosecutor which is a basic requirement - Time cannot be extended - Bail u/s 167(2) Cr.P.C. granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Mere no, filing of chemical examiner's report would not make charge-sheet incomplete - Thus, accused would not be entitled to be released on bail u/s.167(2) Cr.P.C. on ground of charge-sheet being incomplete...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Recovery of 1096 Kgs of poppy husk - Petitioner and his co-accused were not arrested on spot - Co-accused of petitioner was arrested on disclosure statement of principal accused from whom alleged poppy husk was recovered - Except that, no other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Accused convicted u/ss 8, 22 of NDPS Act and sentenced to 15 years RI and to pay a fine of Rs.1.50 lacs - Incriminating evidence and circumstance occurred against accused not put to him during his examination u/s 313 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conviction under NDPS Act - Bail during pendency of appeal - Accused convicted and sentenced as he was found in possession of 65 Kgs of poppy husk - Quantity marginally more than the non commercial quantity which is upto 50 Kgs. - Bail allowed during pendency of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 65, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Recovery of 56 gms of smack from petitioner - Keeping in view quantity of smack, petitioner ordered to be referred to de-addiction centre for carrying out his urine or blood test in respect to his addiction - Medical Board opined that..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Conviction u/ss 8/15 NDPS Act - Appeal against - Grant of bail - Non compliance with mandatory provision of S.50 of the Act entitles accused to grant of bail irrespective of the fact that he has been held guilty by trial Court...........
