Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction in an offence under NDPS Act - Accused already in custody for 8 years and 6 months - No ground to grant bail during pendency of appeal...........
Criminal Procedure Code, 1973, Section 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Truck - Carrying contraband - Truck seized - Truck handed over to registered owner - No fruitful purpose will be served by keeping the truck in police custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Poppy husk - Recovery of 5 Kg. - Conviction - Appeal against - Accused in jail for 4 months - Bail allowed during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against order of conviction under NDPS Act - There is no provision in NDPS Act for suspension of sentence during pendency of appeal - However, where there is delay in disposal of appeal and delay is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Criminal Procedure Code, 1973, Section 58 -- Arrest under NDPS Act - No duty is cast on officer arresting accused to send any report to District Magistrate - Provision of S.58 Cr.P.C. is not applicable to such a case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Suspension of sentence during pendency of appeal - Appellant convicted u/s 15 of NDPS Act - Appellant served more than 35 days in jail out of sentence of two and half months - Sentence of appellant suspended during pendency of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 18 NDPS Act - Out of sentence of five years accused already served out more than one year four months - Sentence suspended during pendency of appeal - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 21, 29 -- Bail - Contraband recovered less than small quantity - Maximum prescribed sentence for the offence six months - Accused already undergone imprisonment for six months and charge not yet framed in the case - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 438 -- Conviction u/s 15 NDPS Act - Accused sentenced to undergo RI for one year and also to pay fine of rupees ten thousand each - Fine amount already deposited - Sentence suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 167(2),, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Challan not presented within stipulated period and bail granted - Challan infact had been filed earlier on the same day - Order of bail cannot be recalled without opportunity to accused...........
