Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, 61, 85 -- Recovery of 12 lakh tablets of Tramadol - Recovery though acknowledge by Joint Commissioner Food and Drugs Administration, however, nothing stated where recovered stock has gone and even no batch number etc is given - This is a serious lapse and inaction on the part of Punjab Police as well as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Violation of statutory provisions of Ss.52, 55 of NDPS Act - Driving licence and Aadhar Card of accused being documents allegedly recovered on the spot - However, accused denying such recovery and submitted that case has been entirely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Application seeking extension of time is required to be supported by report of Public Prosecutor and not I.O...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Quantity seized less than commercial - S.36-A(4) not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 815 intoxicant tablets - Bail - Petitioner is first offender and he is in custody for last 7 months and 11 days - He is not involved in any other case - Custodial interrogation of petitioner is not required and conclusion of trial will take some time..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, 37 -- Bail - On parity basis - Recovery of 61,000 bottles of 100 ml each of Phensedyl syrup containing codeine Phosphate - Commercial quantity recovered from accused - While granting bail to co-accused neither any reason has been recorded nor provision of S.37..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery nearer to commercial quantity - Whether a case is made out or not for convicting accused is an issue which is to be considered and decided by trial Court/Magistrate/Special Judge after evaluating of material placed on record -..........
