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..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Bail - Recovery of 650 gms heroin - Even if S.52-A of the Act is not complied with, the same is not a ground for granting bail to an accused where more than commercial quantity of contraband is recovered overlooking the mandate of S.37 of the Act which is a pure question of trial - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Recovery of 30 kgs charas - Bail to juvenile/accused - Accused engaged in smuggling of charas in State and other provinces - He was apprehended with car and on his pointing out 32 kgs of charas was recovered from the vehicle - If..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4 kg charas - Petitioner neither arrested from the spot nor any recovery was effected from him - He was framed in the case on the basis of disclosure statement of co-accused - Petitioner is already in custody since September 2016 but challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 50 -- Bail - Recovery of commercial quantity - Non-compliance of S.50 of the Act - Prosecution ought to be given an opportunity to establish its case at the trial - Bail cannot be granted to accused merely on allegations that procedure of search and seizure u/s 50 of the Act is not followed...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........