Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68(O), 68(F)(2) -- Appeal - Order passed u/s 68(F)(2) - When remedy of appeal is provided u/s 60(O) of the Act and petitioner had already filed appeal before designated forum, appellate authority ought to have decided appeal on merits, rather than throwing away on account of defect in appeal being not signed by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Where recovery from accused is marginally over and above commercial quantity for respective contraband in each case, Courts have taken a lenient view while granting bail to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Considering custody period undergone by petitioner i.e. 2 years, 10 months and 12 days added with facts that recovered contraband is marginally over and above commercial quantity and investigation is complete and after framing of charge out of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29(1) -- Bail - Whether there was a proper compliance or substantial compliance of the requirements, is a matter to be considered at the time of trial - Bail is not granted on that ground - Application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file final report - Opportunity of hearing - Accused was duly served notice about petition filed for extension of time to file final report - Accused were given opportunity of hearing - No infirmity or illegally in extending time to file final report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii), (b), (c) -- Ganja - Definition of Ganja take its ambit only flowering or fruiting tops of cannabis plant and excludes seeds and leaves when not accompanied by tops...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii), (b), (c), 20(b)(ii)(C), 25, 8(c), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Ganja - Bail - Police record shows that while weighing contraband did not segregate flowering tops from other material - Definition of Ganja is restricted and it does not include seeds and leaves of Ganja plant -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - At the stage of considering bail application of an accused, evidence led by prosecution cannot be meticulously examined - It is only if from a cursory look at the evidence recorded during trial of case it is possible to frame an opinion that accused is not guilty..........
