Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction under NDPS Act - Suspension, remittance and commutation of sentence - Constitutional validity of S.32-A of NDPS Act - Held, constitutional validity of S.32-A of NDPS Act 1985, insofar it takes away right of executive to suspend, remit and commute..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), Criminal Procedure Code, 1973, Section 167(2) -- Offence u/s 21(b) of NDPS Act - Sentence may extend to 10 years - Means imprisonment for a term of ten years or less - All such sentences are covered by S.167(2)(a)(i) and not under clause (ii) of the said provision i.e. statutory period of 90 days is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 51, Criminal Procedure Code, 1973, Section 451, 457 -- Operation of Ss.451 & 457 Cr.P.C. is not specifically excluded by S.51 of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), Criminal Procedure Code, 1973, Section 451, 457 -- Interim custody of vehicle used for transporting contraband - An innocent owner till an order of confiscation is passed is entitled to interim custody of vehicle pending trial of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 8, 22 NDPS Act - Bail - Recovery of 500 gms. of illicit heroin from a bag carried in hand - Recovery is a commercial quantity - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, Criminal Procedure Code, 1973, Section 437 -- Bail - Offence u/ss 8/20 NDPS Act - Recovery of charas - Actual weight of charas not ascertained by seizing officer - Report of chemical analysis not yet received - Nothing stated as to how the sample was taken either by the seizing officer or by the I.O...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37(d)(b)(2) -- Suspension of sentence during pendency of appeal against conviction under NDPS Act - Held, taking into consideration the facts and circumstances of the case, in case delay in disposal of appeal is not attributable to the appellant himself, Court may..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Liberal approach in the matter of bail under NDPS Act is uncalled for - Condition for granting bail specified in S.37(1)(b) of NDPS Act are in addition to the limitations provided under the Cr.PC. or any other law for the time..........
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..........
