Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of psychotropic Substance - Commercial quantity - Information regarding recovery was received by NCB from CISF Control room, Airport - Investigation of the case is conducted in a very perfunctory manner - Even the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29 -- Bail - Recovery of 490 gms methamphetamine (psychotropic Substance) - Commercial quantity - Search made by CISF officers who are not authorized officers - Petitioner was detained at airport and narcotic drugs were detected from hand baggage..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Scheme of S.37 of the Act reveals that exercise of power to grant bail is not only subject to limitation contained u/s 439 Cr.P.C, but is also subject to limitation placed by S.37 of the Act, which commences with no, obstante clause...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 80 grams heroine from right pocket of pant worn by petitioner - Keeping in view involvement of question as to whether petitioner can be said to be in conscious possession of contraband recovered, non applicability of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Mere fact that witness of seizure/independent witness has appeared as DW1 does not led to conclusion that entire prosecution story has to be disbelieved, particularly when he had not denied his signatures on seizure memo rather his excuse was that it was taken on blank paper which was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg opium - Where Magistrate himself has appeared in witness box and deposed that it was produced in Court, mere fact that one seal was illegible does not vitiate proceeding...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 10 kg opium - Non-compliance of S.57 of the Act - Mere not sending of report within two days cannot have such consequence as to vitiate entire proceeding, as provision of S.57 of the Act not to be interpreted to mean that in the event report is not sent within two days, entire proceeding shall..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of poppy husk - Recovery effected from accused and petitioner was indicted later on - Charges were framed on 12.9.2019, but no witness is examined so far - Trial of case is likely to consume considerable time as prosecution has to examine its..........
