Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Contraband - Bail - Petitioners had already undergone 2 years out of sentence of 5 years - Issue of applicability of S.53-A of the Act for search and seizure proceedings are pending in SLP - Petitioner is entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Long period of incarceration undergone by appellant - There are no independent witnesses to seizure and pace of trial is rather slow - Out of 17 PWs only one witness has been examined till date - Trial Court would take some time to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 27, 27A, 28, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Keeping in view the facts and circumstances of the case and period of custody already undergone by appellant, bail granted to appellant during pendency of trial on terms and conditions to be fixed by trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Keeping in view the role allegedly attributed to appellant and period of incarceration suffered by him, appellant released on bail during pendency of trial - However, appellant shall provide mobile number on which he can be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 27A, 20, 60, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Contraband recovered falls in the category of Commercial Quantity which attracts S.37 of NDPS Act - However, petitioner has undergone actual custody for a period of more than three years and challan in the case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Question as to non-compliance of mandatory provisions of NDPS Act and other lacunas in the investigation have direct bearing on the merits of case, which cannot be looked into at this stage while deciding a bail petition filed u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2) -- Applications for default bail and extension of time - Court may hear both the application for extension of time and default bail simultaneously only if application for extension of time is filed first in point of time...........
