Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 61 -- Bail - Recovery of 120 kg poppy husk and 1 kg opium - Recovery effected from Truck of which accused was conductor - Whether contraband recovered was put in truck with knowledge of accused or same could be considered to be recovery from accused's person..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Bail - Petitioner nominated as an accused on disclosure statement of co-accused - Complicity of petitioner will have to be determined by quality of evidence led during trial - As regarding self incriminatory statement of petitioner himself, since he is in custody..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29 -- Bail - Contraband - Investigation in the matter is complete - Challan stands presented - No useful purpose would be served in keeping petitioner behind bars - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- First Proviso - Confiscation - if article or thing seized in a case involving narcotic drugs or psychotropic substances is established as belongs to accused himself in the trial held against him, trial court shall decide on the liability of those to confiscation in the very same proceedings itself..........
Criminal Procedure Code, 1973, Section 452, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - Notice issued to petitioner to show cause against proposed confiscation - But, trial Court failed to conduct any enquiry into relevant aspects as contemplated u/s 60(3) and S.63 First Proviso of NDPS Act..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 400 Tredol-100 Tramadol-Hydrochloride Tables - 100 MG tablets - Recovery made from polythene bag/envelope allegedly thrown on road side by petitioner - Case involves debatable question as to whether petitioner can be said to be in conscious..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 77 kg 500 gm poppy husk - Secret information - Charges were framed on 1.8.2019 - Till date not even a single PW has been examined - No other case is pending against petitioner - Trial of case is likely to take time - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 48 kgs Ganja - Specific recovery has been attributed to all three accused of 16 kgs of Ganja Patti each - Accused are in custody since Aug 2020 - No recovery is to be made - Individual recovery is of non-commercial quantity - Conclusion of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.100 kgs opium and Rs.44 lakhs in cash from the boot of car - Whether alleged recovery can be considered to be recovery from petitioner shall be debated during course of trial - Petitioner already suffered incarceration for over eleven..........
