Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(C) -- Bail during pendency of appeal - Conviction under NDPS Act - Recovery of 1.850 Kgs diazepam/intoxicating powder - Commercial quantity - Nature of offence is extremely serious because drugs like diazepam are extremely injurious to public at large -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8, 21, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Recovery of 370 gms smack - Charge sheet not filed within prescribed period of 180 days in terms of S.36-A(4) of NDPS Act - Bail application filed on 182nd day of arrest of petitioner - When bail application was under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Recovery of 60 gms alprazolam - Petitioner earlier granted regular bail by trial Court but on account of noting wrong date he could not appear before Court below - Non-appearance of accused is bonafide and deserves to be protected from arrest - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 272, 273, 34, Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 36AC, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C) -- Bail - Recovery of 4000 bottles of Corex Cough syrup containing codeine - Though Central Government by its notification prohibit the manufacture,..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42(1) -- Anticipatory bail - 12 Kg Ganja - FIR was registered on secret information and pursuant thereto, a police party raided house of petitioner - At time when search was to be made, DSP was contacted on his office phone, who reached at spot and notice was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Two mandatory conditions are to be satisfied for granting bail u/s 37 of the Act i.e: (i) Court must be satisfied that there are reasonable grounds for believing that person is not guilty of such offence; (ii) that person is not likely to commit any offence while on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 23 -- Bail - Offence u/ss 22, 23 of the Act - Commercial quantity - Bail granted to accused without considering the mandatory requirements of S.37 of the Act - Matter needs to be considered afresh by High Court - Impugned order of High Court set aside and matter remitted to High Court for fresh..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Parity basis - Recovery of 2 kg 600 gms opium - Secret information - Police got clue from accused `T' who gave secret information - Role of accused `T' was confined to part of conspiracy whereby police..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
