Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 32A, 21 -- Conviction - Appeal against - Bail - Court has power to grant bail - However, the same should be done only and strictly subject to the conditions spelt out in section 37 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Narcotic substance - Accused not arrested at the spot as he had run away inspite of the fact that police party consisted of 7/8 persons and they were armed with weapons and also having a Gypsy car - Defence version that father of accused had submitted complaint..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Charas - Recovery of 1.5 Kg. - It is commercial quantity - However, it is not such a huge quantity which should deny the petitioner bail - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Poppy husk - Recovery of 12 bags each weighing 40 Kgs. - Accused already booked in two cases of similar nature - Recovery is 'commercial quantity' - As mandatory conditions laid down in S.37 are not satisfied as such bail refused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), Criminal Procedure Code, 1973, Section 439 -- Offence under NDPS Act - Bail - Limitations on grant of bail under NDPS Act is in additional to limitations under Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b) -- Opium - Recovery of 7 Kgs. - Bail - It is commercial quantity - Accused is not entitled to bail on the ground that he was not habitual offender and there is no previous case against him - This fact by itself is not enough to overcome the mandatory bar of S.37(1)(b)...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - 700 gms. smack - Recovery of - Accused (a lady) already in jail for four years - Interim bail granted - No offence committed by her during interim bail - Bail granted u/s 37 NDPS Act...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Anticipatory bail - Dismissal of bail application twice earlier - Concealing this fact from Court - Application dismissed for no fresh ground for anticipatory bail - Cost of Rs.20,000/- imposed for not coming to Court with clean hands...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Bail - Contraband - Recovery of commercial quantity - Charge sheet not filed within statutory period of 180 days - Public Prosecutor not seeking further time for investigation - Accused is entitled to bail even if recovery is commercial quantity...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(3) -- Offence under NDPS Act - Application for anticipatory bail is not maintainable in view of S.37 - Recourse to provisions of S.36A(3) of the Act also cannot be taken...........
