Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 50 kg. of poppy husk - Accused in custody for last four months - Challan not presented yet - Contraband recovered does not fall within the definition of commercial quantity - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Non filing of charge sheet within sixty days - Accused enlarged on bail - Reason given by prosecution for delay is that quantitative analysis of material seized from accused to determine whether quantity involved was small quantity or commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22, 23, 25, 27A, 53, 53A, 58 -- Export of drugs mentioned in Schedule `G' and `H' of the Drugs and Cosmetics Rules without a export license - Application for bail rejected by trial Court and High Court - Drugs and Cosmetics Act does not deal with exports - Provisions of Customs Act do - Licensees were thus..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 21 NDPS Act - Recovery of 300 gm. of smack - FSL report of 31.25% of heroin i.e. actual weight of heroin coming to 93.75 gm. which is below commercial quantity - No criminal history of accused - Accused in jail for more than one year -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 27A, 29, 37 -- Contraband - Recovery of 4.9 kgs. of heroin - Bail - Reasonable grounds to believe that petitioner is not guilty of offence under the Act - Second limb of S.37(b) of the Act that Court must be satisfied that petitioner is not likely to commit offence under Act if released on bail - Satisfied..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Anticipatory bail - Recovery of 7 kg. of poppy husk from pillion rider of scooter and petitioner fled away from the spot - Accused joined investigation - Pre-arrest bail granted till report u/s 173 Cr.P.C. was filed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Where a statute confers drastic power and provides for stringent penal provisions including the matter relating to grant of bail, the conditions precedent therefor must be scrupulously complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 8, 21 NDPS Act - Bail - Sought on ground that accused is falsely implicated in the case and there is no independent witness of the alleged recovery and there are no criminal antecedents of the accused - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Protracted trial for seven years - Appellants in their youth - Appellants did not commit any offence before registration of the present case or after grant of bail - Appellants not involved in the trade of narcotic substance - Quantity recovered non commercial - Sentence reduced to one year - Sentence of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Opium - Recovery of 2.5 kg. - It is not commercial quantity - For making a case of commercial quantity the quantity recovered should be greater, higher or more than 2.5 kg. - Period for filing challan 60 days - Challan not put within 60 days - Bail granted...........
