Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Offence u/s 22 of NDPS Act - Petitioner regularly appeared before trial Court for at least 17 dates - However, only on one date, petitioner could not appear due to inadvertent mistake and bail granted to petitioner was cancelled - If accused..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Conditions - Grant of bail subject to furnishing surety bond of Rs.One lakh and to deposit Rs.20,000/- cash - Condition to deposit Rs.20,000/- would not serve any better purpose than other conditions imposed - Condition to deposit Rs.20,000/-..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Samples not drawn in presence of Magistrate - Magistrate not followed the ratio of Supreme Court Judgment - Bail granted...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Bail - Offence u/ss 8, 15, 29 of NDPS Act - No recovery was made from possession of petitioner - Report of Probation Officer shows that there is no exceptional circumstances to decline bail to juvenile, as indicated in S.12 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 gms heroin - Commercial quantity - Prima facie material disclosing recovery of narcotic substance above commercial quantity i.e 3 gms of heroin from petitioner - Recovery effected from petitioner pursuant to search conducted by a Sub..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 810 tablets of Triesr containing tramadol - Offer to be searched before a Gazetted Officer of Police Department only - It is debatable whether such an offer is valid and would meet the requirement of S.50 of the Act - Without commenting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 260 grams of heroine - Petitioner involved in 17 other FIR's - Petitioner acquitted in ten cases and in seven cases trial is pending - Petitioner not involved in any case under NDPS Act apart from the present FIR - Except confessional statement..........
