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 15, Criminal Procedure Code, 1973, Section 100 -- Independent witness - One independent witness available at the time of search and recovery won over and same examined by accused in defence - No other independent witness was present at the time of search and at the time of recovery as such search and recovery..........
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 55, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery - One sample drawn instead to two as required by Central Government standing instructions - By itself not a serious lapse - Two or three samples are necessary only when accused seriously doubt the veracity of the report of the forensic..........
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 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 8C, 9A, 25A, 29, 22, 30, Criminal Procedure Code, 1973, Section 482 -- Charge framed u/ss 8-C, 9A, 25-A, 29 and 30 NDPS Act - Quashing of complaint - Once charge is framed and trial is in progress, High Court will hesitate to cause interference...........
Criminal Procedure Code, 1973, Section 100, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- House search - Independent witness not joined - Does not render the search defective - Contravention may affect the credibility of the evidence let in, it does not affect the admissibility of the evidence - Conviction based on such evidence is not liable to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 42, 50, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery of huge quantity - At time of search accused not apprised of his right of being searched before Gazetted officer or Magistrate - Information received by seizing officer not recorded before conducting raid - Even after raid was..........
