Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Smack - Bail - Recovery of 30 packs - Not weighed - Direction given to weigh recovered articles - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 15/61/85 of NDPS Act - Two co-accused already acquitted by trial Court - Bail granted to appellant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Possession - Conscious possession - Presumption - Presumption u/ss 35, 54 NDPS Act cannot be raised unless accused is given an opportunity to rebut the presumptions in his statement under Section 313 Cr.P.C. by calling upon him to explain the circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Opium - Recovery of 2 Kg. - Petitioner in custody for the last about ten months - Case fixed for evidence and same likely to be over within four months - If prosecution evidence is not concluded within four months from the date fixed, for reasons not..........
Criminal Procedure Code, 1973, Section 427, 428, Indian Penal Code, 1860, Section 64, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Conviction u/s 21 & 23 of NDPS Act - Imprisonment in default of payment of fine - Where two sentences of fine are imposed and two defaults in respect thereof committed, defaulting convict has to undergo two separate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Smack - Recovery of 145 gms. - Bail - Likelihood of accused indulging in such activities if released on bail - Bail rejected - Grant of bail in one such case not a precedent...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Charas - Recovery of - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Accused already undergone 2 years of his substantive sentence - Recovery of 'Non Commercial Quantity' - Appeal not to be heard in the near future due to heavy..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 34.5 kgs of poppy husk - Co-accused already granted bail but quantity recovered from him was non commercial quantity - Accused and co-accused are not similarly placed - Bail denied...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 34.5 kgs. of poppy husk - Proceedings considerably delayed - Merely because the case is pending in the circumstances of the case does not entitle the accused to the concession of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Vehicle - Release - Trial Court to order release of vehicle if trial was not likely to conclude within six months...........
