Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - Diametrically opposite case in the charge-sheet than that alleged in FIR gives rise to serious doubt on the veracity of prosecution case against accused - No interference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 37, Criminal Procedure Code, 1973, Section 439 -- Financing illicit trafficking in contrabands and harbouring offenders - Bail - No recovery has been made from accused or from any place under his exclusive control - Accused though involved in 53 criminal cases but has not been involved in any NDPS Act case..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1 of 1989, Dated 13.06.1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - Sampling was done contrary to standing instructions 1 of 1989, dated 13.06.1989, which is mandatory - It cannot be said that police had followed procedure prescribed under the Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1, 2.2, 2.3 of 1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - It is not known from which packet sample was taken out - There is thus, violation of 2.2 of Standing order 1/89 - Neither panchnama nor complaint nor remand report makes a mention about..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 60, Criminal Procedure Code, 1973, Section 439 -- Recovery of 201 kg Ganja - Bail - Sampling done contrary to standing Order/Instruction No.1 of 1989 dated 13.06.1989, which is mandatory in nature - Chances of conviction are weak on basis of sampling of contraband - Bail granted to accused with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 250 gms Alprazolam - Bail - Recovery effected from accused falls within category of commercial quantity - Accused has been continuously in custody since March 2020 and despite charges being framed on 02.12.2020 till date only one PW out of 14 has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2600 bottles of Codeine Phosphate - Bail - Recovery effected from the house of co-accused which fall under the category of commercial quantity - Petitioner roped in the crime on basis of confession of co-accused, which is not admissible - Prima..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Recovery of 260 grms heroin - Second bail application - Petitioner is not involved in any other criminal case - He is in custody for over 1 year and 3 months and only 2 PWs out of 9 PWs have been examined so far - It is debatable whether mandatory provision of..........
