Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1 of 1989, Dated 13.06.1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - Sampling was done contrary to standing instructions 1 of 1989, dated 13.06.1989, which is mandatory - It cannot be said that police had followed procedure prescribed under the Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1, 2.2, 2.3 of 1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - It is not known from which packet sample was taken out - There is thus, violation of 2.2 of Standing order 1/89 - Neither panchnama nor complaint nor remand report makes a mention about..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 419, 465, 466, 471, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Bail - Offence u/ss 409, 419, 465, 466, 471 IPC and Ss.13(1)(c), 13(1)(d), 13(2) of P.C Act - Socio-economic offence - Petitioner had joined the investigation as and when called by CBI - CBI not..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Ad verbatim of plaint - An affidavit should be in concise form stating material part of the contentions while ignoring formal part of the pleadings - Affidavit ordered to be taken off the record to be kept in part `D' - Respondent directed to file fresh affidavit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 60, Criminal Procedure Code, 1973, Section 439 -- Recovery of 201 kg Ganja - Bail - Sampling done contrary to standing Order/Instruction No.1 of 1989 dated 13.06.1989, which is mandatory in nature - Chances of conviction are weak on basis of sampling of contraband - Bail granted to accused with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Call detail record and tower location record - Furnishing of details at the stage of framing of charges - Question as regards framing of charges has to be considered mainly on the basis of documents collected by police during course of investigation - However, accused has to build up his defence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 150 gms heroin - Reduction of sentence - Accused arrested on basis of disclosure statement of co-accused - Accused rightly convicted by trial Court as same is based on appreciation of prosecution evidence - However, since out of total sentence of 4 years R.I, accused has undergone 3 years 2..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 250 gms Alprazolam - Bail - Recovery effected from accused falls within category of commercial quantity - Accused has been continuously in custody since March 2020 and despite charges being framed on 02.12.2020 till date only one PW out of 14 has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2600 bottles of Codeine Phosphate - Bail - Recovery effected from the house of co-accused which fall under the category of commercial quantity - Petitioner roped in the crime on basis of confession of co-accused, which is not admissible - Prima..........
