Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20.02 gms heroin - Quantity of drug involved is less than Commercial quantity but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in judicial custody since 2019 - Investigation is almost..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 221 gms methamphetamine (Psychotropic Substance) - Commercial quantity - Psychotropic Substance was found concealed in undergarment of petitioner - Petitioner was detained in airport - Sequence of events and a reasonable,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kg Ganja - Accused was not arrested on the spot but he was named by driver of vehicle from where recovery was effected - Presence of accused at spot or false implication are disputed questions of fact - Co-accused who alleged to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 180 capsules containing Tramadol Hydrochloride - Petitioner is a old lady of 63 years of age - She is neither in a position to tamper with prosecution evidence nor in a position to flee from justice, as she is resident of place - Custody of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21 -- Bail - Recovery of 1 kg 17 gm Charas - Commercial quantity - Recovery effected from accused which was carried in right hand in a bag - Contention that presence of accused at that point of time is highly improbable and unbelievable is wholly a factual issue and thus, is a matter to be considered..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Expression used in S.37(b)(ii) of the Act is reasonable grounds which expression means something more than prima facie grounds...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 519 gms hashish - Prosecution collected enough material to link accused with trafficking of narcotics - No substantial probable cause for believing that accused is not guilty of offence charged - It would not be possible to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 75 kg Poppy husk - Secret information - Information not reduced into writing - When there was possibility of accused to escape, case of prosecution cannot be thrown out on score that no information was reduced into writing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 75 kg Poppy husk - Secret information - Accused were present in a jeep on a public path - Therefore, provisions of S.43 of the Act and not S.42 of the Act come into play...........
