Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Bail - Contraband - 11 bottles of codeine were recovered from bedroom of petitioner - Executive Magistrate has categorically stated that he did not accompany raiding party and he only sealed samples which were brought to his office by police -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Offence u/s 21 of the Act - Conviction - The prosecution's case cannot be doubted because the witnesses did not depose anything about the recovery in their examination-in-chief - The prosecution cannot be doubted because the case property was not re-sealed - The substance was found to be heroin and a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Mere fact that accused is shown to be involved in two more cases of similar nature, that alone cannot be a ground to deny benefit of bail - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Exchange of calls between petitioner and co-accused - Mere call details without transcript of conversation exchanged between accused persons, would not be considered to be corroborative material in absence of substantive..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 29 -- Bail - Contraband - Petitioner is nominated in the case on the basis of series of disclosure statements suffered by co-accused - No subsequent recovery is effected from petitioner - Petitioner is in custody since 28.8.2024 - Investigation of case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(1)(g) -- Contraband - Juvenile - Petitioners originally convicted as a juvenile have now attained majority - They cannot be ordered to undergo sentence imposed upon them in a special home or a regular penitentiary - FIR was lodged on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - SHO was absent on the relevant date and he handed over the charge of SHO to Circle Inspector who carried out search - It cannot be said that In-charge SHO was not competent to conduct search - Submission that officer ought to be actually posted as SHO and not as In-charge SHO is of no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
