Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 8, 22 NDPS Act - Bail - Recovery of 500 gms. of illicit heroin from a bag carried in hand - Recovery is a commercial quantity - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, Criminal Procedure Code, 1973, Section 437 -- Bail - Offence u/ss 8/20 NDPS Act - Recovery of charas - Actual weight of charas not ascertained by seizing officer - Report of chemical analysis not yet received - Nothing stated as to how the sample was taken either by the seizing officer or by the I.O...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Liberal approach in the matter of bail under NDPS Act is uncalled for - Condition for granting bail specified in S.37(1)(b) of NDPS Act are in addition to the limitations provided under the Cr.PC. or any other law for the time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 50 kg. of poppy husk - Accused in custody for last four months - Challan not presented yet - Contraband recovered does not fall within the definition of commercial quantity - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Non filing of charge sheet within sixty days - Accused enlarged on bail - Reason given by prosecution for delay is that quantitative analysis of material seized from accused to determine whether quantity involved was small quantity or commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22, 23, 25, 27A, 53, 53A, 58 -- Export of drugs mentioned in Schedule `G' and `H' of the Drugs and Cosmetics Rules without a export license - Application for bail rejected by trial Court and High Court - Drugs and Cosmetics Act does not deal with exports - Provisions of Customs Act do - Licensees were thus..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 21 NDPS Act - Recovery of 300 gm. of smack - FSL report of 31.25% of heroin i.e. actual weight of heroin coming to 93.75 gm. which is below commercial quantity - No criminal history of accused - Accused in jail for more than one year -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 27A, 29, 37 -- Contraband - Recovery of 4.9 kgs. of heroin - Bail - Reasonable grounds to believe that petitioner is not guilty of offence under the Act - Second limb of S.37(b) of the Act that Court must be satisfied that petitioner is not likely to commit offence under Act if released on bail - Satisfied..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Anticipatory bail - Recovery of 7 kg. of poppy husk from pillion rider of scooter and petitioner fled away from the spot - Accused joined investigation - Pre-arrest bail granted till report u/s 173 Cr.P.C. was filed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Where a statute confers drastic power and provides for stringent penal provisions including the matter relating to grant of bail, the conditions precedent therefor must be scrupulously complied with...........
