Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Ganja - Recovery of 2.800 Kg. - Applicant in custody since 5.12.2002 - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Power of High Court - When bail is to be granted on merits only then provision of S.37 NDPS Act operate - When bail is to be granted on other circumstances or humanitarian ground like the medical ground, powers of High Court u/s 438 Cr.P.C. are not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail granted on the ground that mandatory provisions of Ss.50 & 42 not complied - Bail cancelled - For grant of bail Court has to consider the provision of S.37 under which bail can be granted where Court finds that there are reasonable grounds for believing that the accused is not guilty of such offence..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B -- Ganja - Recovery of 5 Kgs. 700 grams from a suitcase - In complaint the colour of suitcase shown as brown whereas in Panchanama it is shown as light grey - Fit case to admit applicant to bail...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 72 kgs. of poppy husk from two persons - At best it can be said that each one of them was in possession of 36 kgs. - This is below the commercial quantity - Bail allowed...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Petitioner and co-accused found in possession of 72 kgs of poppy husk - At best it could be said that the petitioner was in possession of 36 kgs. of poppy husk - Same below commercial quantity - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 439(2) -- Recovery of 130 grams of Heroin - Matter exclusively triable by Special Court - Additional District Magistrate has no jurisdiction to entertain bail application and grant bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 37, Punjab Excise Act, 1914, Section 3(13) -- 'Bhang' - Recovery of - Bhang is not narcotic or even psychotropic drug - The same is however violative of S.3(13) punishable u/s 61 of Punjab Excise Act - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 120 grams of charas - Not a commercial quantity - Bail allowed - Provision of S.37 NDPS Act not applicable...........
