Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xviii) -- Poppy capsules - Whether poppy capsules is different commodity from poppy straw - Poppy straw can be with juice or without juice - For packing minimal quantity of poppy straw, capsule, which is made of gelatin, is used to make it marketable - If juice of poppy straw is extracted and dried, cut and/or..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25A -- Discharge - Contraband - Prosecution has sufficient evidence to involve accused in commission of offence - Accused had a talk on mobile number of main accused from his cell phone - All the call details were brought on record by prosecution - Discharge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of intoxicant tables - Secret information - Non-compliance of S.42 of the Act - Intimation regarding secret information in the shape of Ruqa had actually been sent to SHO immediately upon receipt of information by police Officer who received it i.e by ASI much before he proceeded to effect..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of intoxicant tables - Secret information - Quantity recovered from accused was commercial quantity - Fetters of S.37 of NDPS Act thus, attracted - Nothing on record at this stage from which it could be inferred that accused are not guilty of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Bail - Contraband - Conclusion of proceedings is likely to take some time - Continuation of custody of accused not warranted - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - When quantity is less than commercial, rigors of S.37 of NDPS Act will not attract and factors become similar to bail petitioners under regular statutes - Thus, when maximum sentence cannot exceed ten years and accused is yet to be proved guilty, grant of bail is normal unless prosecution points..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 15.290 Kg poppy husk - Quantity of drug recovered was less than commercial quantity but is an intermediate quantity - Though accused is a habitual offender, but possibility of accused influencing investigation, tampering with evidence,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii) -- Charas - It is not a Cannabis plant, but is resin obtained from it, whereas, Ganja is flowering or fruiting tops of Cannabis plant excluding seeds and leaves...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 256.90 kg Ganja patti - Held, without adverting to merits of case and in view of situation arising due to COVID-19 pandemic, accused released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1000 Tramadol tablets - Recovery from licensed chemist - Does not confer any immunity upon him in case his possession is found to be under dubious circumstances suggesting it to be a case of misuse of drugs for a purpose other than therapeutic..........
