Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 120 gms Alprazolam - Bail - Recovery effected from possession of accused is slightly more than commercial quantity - Accused is not having any criminal history - He is in jail since 6.2.2021 - There is no likelihood of early conclusion of trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Waiver of right u/s 50 of the Act - Option given to accused to be searched before Gazetted Officer or Magistrate - Accused waived such right by electing to be searched by empowered officer - In such an eventuality there is no requirement to conduct search person of accused in presence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20.5 kg Ganja Patti - Bail - Petitioner is behind bars since last about 9 months and is not stated to be involved in any other case - Bail granted to accused particularly on basis of parity, as co-accused have already been granted bail...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 377.8 gms heroin - Commercial quantity was recovered from beneath a courtyard within the house of petitioner - All family members residing in said house have been made accused in the case - House belonged to co-accused/father of petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of commercial quantity of contraband - No complete bar to grant bail - Court after affording opportunity of being heard to public prosecutor can grant bail even in the cases of commercial quantity, if it is satisfied that accused is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1800 Capsules of PYN SPAS PLUS - Commercial quantity recovered from co-accused - No direct evidence to connect petitioner with alleged commission of offence - Mere telephonic conversation if any interse petitioner and co-accused is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 72 kgs of ganja which accused were transporting in Ambassador car - Serious contradictions in the evidence of prosecution witnesses and prosecution witnesses contradicted each other on material aspects - Accused are entitled to benefit of doubt - Conviction set aside - Accused..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Explanation - Public place - Private vehicle does not come within expression `public place' as explained in S.43 but comes u/s 42 of the Act...........
