Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Involvement of petitioner in other similar offence - Though registration of earlier cases cannot be sole ground for rejecting bail application, however that can be taken into account to ascertain..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Petitioner arrested not only on the basis of statement of co-accused but there is also substantive evidence of call details regarding his involvement in offence - Main accused neither acquitted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 14 kg Ganja - Non-commercial quantity - Bail granted as accused is not involved in any other case - Accused shall not in any way indulge in any criminal activities and he shall also not influence witnesses or otherwise interfere with the fair trial...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Drugs and Cosmetics Act, 1940, Section 18C -- Bail - Recovery of 597 bottles of cough syrup and tablets from chemist shop - Accused was having valid licence to possess/store drugs allegedly recovered from his car and shop - Some of drugs are though covered under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner in judicial lock up since 09.08.2017 and FSL report is still awaited - Held, till FSL report is received, petitioner be released on interim bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 9.20 gms charas - Bail - Contraband recovered from conscious possession of co-accused, who is already enlarged on bail - Case registered against petitioner on the basis of statement made by co-accused - No direct evidence to suggest involvement of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Criminal Procedure Code, 1973, Section 389 -- Recovery of 54 kg poppy husk - Suspension of sentence during pendency of appeal - Applicant would have a debatable issue to be argued at the time of hearing of appeal both on question of sentence as well as on question of conviction u/s 29 of NDPS Act -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Recovery of 1 kg charas and 8 kg Ganja - Commercial quantity - Sudden arrest - Mandatory provisions of NDPS Act duly followed in the case - No lacunae found in the guilt of accused - Accused already completed half of his..........
