Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Mere filing of charge sheet is not a ground at all or has no persuasive value to grant bail to an accused of allegedly committing offence under penal provisions of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 25, 29, Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offence u/ss 20(b)(ii)(c), 25, 29 of NDPS Act - Materials available on record do not suggest anything that there are reasonable grounds to believe that accused is not guilty of committing the alleged offence under NDPS..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A, 8, 20, 23, 29, 68 -- Bail - Contraband - Packets recovered were not numbered serially for the purpose of identification, as provided in R.3(2) of NDPS Rules - Samples were not drawn in presence of a Magistrate, as provided in S.52-A of NDPS Act and R.9 of NDPS Rules - Authorities themselves have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Accused wants to solemnize his marriage and for this purpose he sought interim bail - He is stated to have undergone an actual sentence of 4 years - Interim bail for 4 days granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Panch witnesses have not supported case of prosecution - Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against fundamental right guaranteed u/art 21 of Constitution - Conditional liberty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Mandatory provision of S.52-A of NDPS Act has not been followed, as seizure officer did not get the proceedings u/s 52-A of the Act conducted in the case before a Magistrate or Gazetted Officer - Search and seizure vitiated - Moreover,..........