Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Recovery of contraband - Charas or ganja - FSL report does not give clear indication as to nature and quantity of contraband seized - Accused in custody for more than one year - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Commercial quantity - Anticipatory bail - Held, for purpose of exercising powers of grant of bail in relation to accused, who are charged with offence of being involved in dealing with narcotics drugs in excess of commercial quantity, restrictions..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Commercial quantity - Anticipatory bail - Accused not arrested - Investigation is yet to be carried out - Held, where Public Prosecutor opposes bail application, Court has to record satisfaction that there are reasonable grounds for believing that..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37 -- Bail - Commercial quantity of psychotropic substance - Recovery of 19 bags of poppy husk, containing 30 kg in each bag, i.e., commercial quantity recovered from truck of petitioner - Truck was sold to him by registered owner - Documents of truck was recovered..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Bail - Recovery of opium and charas - Contention of petitioner that he was engaged as a driver by co-accused only from the last 10 days and had no knowledge that his co-accused was carrying opium and charas, therefore, he cannot be said to have been in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Petitioner was arrested on the strength of confession of co-accused - Nothing was recovered from petitioner - Nor he was present at the spot at the time of alleged recovery - No previous conviction or involvement has been proved against him - Held, petitioner entitled to be released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - One of the ingredients for grant of bail is that Court must be satisfied that accused is not likely to commit any offence while on bail - 'Any offence' includes any offence under any penal statute...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery 11,100 capsules/tablets - Not having any valid licence to keep the same - As per notification dated 18.11.2009, only the pure drug content is not to be considered - Recovery being of quantity of drugs covered by the Act - Bail denied...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42 -- Bail - Recovery of 120 Kgs. of buds of poppy husk - It is a commercial quantity - Raid conducted on a secret information - Non compliance of S.42 of the Act alleged but no prejudice shown except that it creates suspicion - Benefit of non compliance of provision of S.42 of the Act is available after..........
