Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Default bail - Recovery of 165 kg. of Ganja - Charge sheet not filed within a period of 180 days - Bail denied on ground that delay well explained due to non receipt of report from FSL and owner of vehicle not traceable - Period of detention can be extended..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 37, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Offence u/ss 8 & 20 of NDPS Act - Recovery of charas which was of commercial quantity - Held, provision of S.12 of Juvenile Act has an overriding effect not only on the Code but also on other laws whereas..........
Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3, 2(c) -- Preventive detention - Accused already in judicial custody - Detention order passed on the ground that there is every likelihood of accused managing to get bail and abscond thereafter - Detention order passed without recording requisite satisfaction..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Bail - Offence u/ss 18/20 NDPS Act - 200 gms. of opium found in possession of applicant - Mandatory provisions of Act not complied with - No independent witness of the alleged recovery - In view of facts and circumstances of case bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 21, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction u/s 21 of NDPS Act and accused sentenced to 12 years RI - Accused served sentence of more than 12 years including remissions granted by Government u/ss 432 & 433 Cr.P.C. - Held, accused is not entitled to release - Benefit of remission cannot..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29 -- Offence u/ss 8, 21, 27-A & 29 NDPS Act - Charge sheet not filed within statutory period of 180 days - Bail granted subject to conditions ...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv) -- Recovery of opium - Relevance of morphine in the opium - Held, percentage of morphine in sample of opium does not determine the purity of opium - Percentage content of morphine in opium is not relevant for the purpose of considering the question as to whether the seized opium is of a small quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Bail - Recovery of chars - Percentage of tetra hydro cannabional (THC) does not determine purity of sample - Held, test resulting in quantification of percentage content of THC is neither relevant nor necessary for the purpose of considering grant of bail or of awarding sentence in terms of S.20 read..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1) -- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 8, 22 NDPS Act - Bail - Recovery of 500 gms. of illicit heroin from a bag carried in hand - Recovery is a commercial quantity - Bail rejected...........
