Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Statement of seizure officer PW10 was recorded after rejection of first bail application - PW10 clearly and unequivocally admitted that method of drawal of samples is ex facie laconic, which substantially reduced chances..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, 30 -- Bail - Offence u/ss 8, 22, 29, 30 of NDPS Act - Bail granted to accused by High Court without issuing notice to Public Prosecutor concerned - Order of High Court set aside, as there was a serious infirmity - Matter remitted back to High Court to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 250 gram of Diphenoxylate and 10 grams of heroin - Considering period of incarceration already suffered by petitioner, bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Bail - Offence u/ss 15, 61 NDPS Act - Recovery of 35 kgs of poppy husk - Petitioner undergone 5 months and 12 days of custody - As per custody certificate there was another case u/s 15 NDPS Act which was pending against him with regard to 10 kg of poppy husk..........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Statutory period of 180 days has to be calculated only from date of remand and not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Charge sheet was filed just after expiry of 180th day of arrest of accused - Petitioner held, not entitled to compulsive bail - Bail held, rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 2(iii), Criminal Procedure Code, 1973, Section 439 -- Recovery of Cannabis (hemp) ganja - Bail - Leaves which were seized by police from petitioners were not accompanied by tops - If leaves of cannabis plant do not fall within definition of cannabis (hemp), then possession thereof and sale are not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Petitioner was not present at place of occurrence and was not arrested - Petitioner is on bail in two cases except the present one as it would be a symbolic release as petitioner is undergoing sentence in other case and he would..........
