Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under Narcotic Drugs & Psychotropic Substances Act - Accrual of right of bail on account of non-submission of charge sheet within statutory period - However, charge sheet submitted before accused could be released on bail upon completion of formalities..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.570 gms of opium - Accused in custody for almost three months - Quantity slightly more than permissible limit - Petitioner having no criminal history - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xxiii), 22(C) -- Cancellation of bail - Recovery of 25 Kg. of `Methamphetamine' - Recovery much beyond limits of commercial quantity - Accused involved in export of contraband - No case of accused that they have any licence, permit or authorization either to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 21 -- Cancellation of bail - Arrest of accused persons for possessing contraband and planting the same in car of complainant - As per C.A. reports sample of contraband recovered contains heroin and Morphine along with opium alkaloids and no neutral substance found - Therefore, entire quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Accused allegedly found in possession of Alprozolam tablets weighing 280.80 grams which is commercial quantity - Accused contended that he was a registered medical practitioner and was having certificate issued by paramedical council and thus..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 32A, Criminal Procedure Code, 1973, Section 482 -- Accused convicted u/s 18 of NDPS Act and sentenced to 10 years R.I. - Pre-mature release on ground of remissions granted by Government - Accused not entitled to remissions in view of bar contained in S.32-A of the Act - However, accused directed to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - While considering prayer for bail in an appeal against conviction of a person under NDPS Act where the quantity of recovered contraband is commercial quantity, Court has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - Accused cannot be enlarged on bail on account of their being in jail for last more than six years and there is no likelihood of appeal being heard in near future...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 29, 25, 37A, Criminal Procedure Code, 1973, Section 374, 386 -- Recovery of 53 Kg. heroin - Conviction - Bail during pendency of appeal - No reasonable ground for believing that accused are not guilty of the offences for which they are convicted - Bail declined...........
