Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Besides giving an opportunity to the Public Prosecutor to oppose the application for bail, the other conditions are (i) the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Satisfaction contemplated regarding accused being not guilty, has to be based on 'reasonable grounds' - It means something more than prima facie grounds - It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Court granted bail on the ground (i) that nothing has been found from the possession of the accused; (ii) accused is in jail for the last three years and (iii) there is no chance of his appeal being heard within a period of seven years - Bail granted on such grounds is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 18 of NDPS Act - Contraband recovered a little higher than the small quantity - No previous case pending against accused - Bail granted without expressing any opinion on merits of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21 -- Bail - Huge quantity of 4.820 Kgs. of heroin recovered from applicant - Applicant used to indulge into illegal inter state import and export of Narcotic Drug - No reason given by applicant for his false implication - Bail application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Bail granted on report of Chemical Examiner that sample did not contain any contraband substance - Prosecution obtained a second report from another Laboratory which showed that sample contained 2.6% heroin - Bail cannot be cancelled on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of heroin - Quantity less than commercial quantity but more than small quantity - For grant of bail rigors of the provision of S.37 of the Act relating to grant of bail are not justified...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under NDPS Act - Bail - General principles of grant of bail are not applicable in a case involving offence under the Act - Power of Court to grant bail is limited u/s 37 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail during trial in an offence under NDPS Act - Bail not to be granted during trial unless the mandatory conditions provided u/s 37 are satisfied viz. that there are reasonable grounds for holding that the accused is not guilty of such office and that he is not likely to commit any offence while on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 25A -- Bail - Non filing of Chemical Analyser's report alognwith charge sheet - Samples of seized material were tested at spot - Test report showing Pseudo ephedrine which is controlled substance - Charge sheet cannot be said to be incomplete - No prejudice caused to accused - Accused not entitled to bail...........
