Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of brown sugar - Bail - As per record, a commercial quantity of brown sugar was recovered from the petitioners - Petitioners failed to overcome the restriction provided u/s.37 NDPS Act - Therefore, interim bails granted in favour of petitioners stand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of brown sugar - Default bail - Charge sheet filed without Chemical Examination Report - A chargesheet filed within time but without a Chemical Examination Report, does not entitles the accused from getting default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 173 -- Recovery of brown sugar - Charge sheet filed without Chemical Examination Report - Charge sheet without the chemical examination report does not make the investigation incomplete...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 200 grams of opium milk - Reduction of sentence - Appellant has been suffering agony of trial for last more than 19 years - He has already undergone custody of 2 months and 16 days out of total sentence of 2 years - Since there is no minimum punishment prescribed u/s 18 of the Act, it would be..........
Commercial Courts Act, 2016, Section 12A -- Pre-institution mediation - Commercial suit - Plaintiff filed recovery suit but no urgent relief is prayed for - Dispensation of requirement u/s 12-A of the Act, as granted, revoked...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Bail - Contraband - Recovery of 180 kgs Doda post from co-accused - Petitioner was not present on the spot and has been nominated on the basis of disclosure statement suffered by co-accused - Allegations against petitioner are that he was involved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner has already suffered incarceration of 1 year 29 days and is a person of clean antecedents - Recovery of contraband effected is marginally over and above the commercial quantity - Similarly situated co-accused has already been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Mere assertions or absence of recovery from accused may not suffice when material on record prima facie discloses a nexus with a narcotic network - Gravity of offence, coupled with organized nature of criminal activity, justifies a more cautious approach in grant of bail under NDPS Act...........
