Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 8, 21 NDPS Act - Bail - Sought on ground that accused is falsely implicated in the case and there is no independent witness of the alleged recovery and there are no criminal antecedents of the accused - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Protracted trial for seven years - Appellants in their youth - Appellants did not commit any offence before registration of the present case or after grant of bail - Appellants not involved in the trade of narcotic substance - Quantity recovered non commercial - Sentence reduced to one year - Sentence of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Opium - Recovery of 2.5 kg. - It is not commercial quantity - For making a case of commercial quantity the quantity recovered should be greater, higher or more than 2.5 kg. - Period for filing challan 60 days - Challan not put within 60 days - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - In additional to the principles applicable for grant of bail in an offence under IPC the relevant provision in the special statute in this regard has to be kept in view...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Besides giving an opportunity to the Public Prosecutor to oppose the application for bail, the other conditions are (i) the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Satisfaction contemplated regarding accused being not guilty, has to be based on 'reasonable grounds' - It means something more than prima facie grounds - It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Court granted bail on the ground (i) that nothing has been found from the possession of the accused; (ii) accused is in jail for the last three years and (iii) there is no chance of his appeal being heard within a period of seven years - Bail granted on such grounds is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 18 of NDPS Act - Contraband recovered a little higher than the small quantity - No previous case pending against accused - Bail granted without expressing any opinion on merits of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21 -- Bail - Huge quantity of 4.820 Kgs. of heroin recovered from applicant - Applicant used to indulge into illegal inter state import and export of Narcotic Drug - No reason given by applicant for his false implication - Bail application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Bail granted on report of Chemical Examiner that sample did not contain any contraband substance - Prosecution obtained a second report from another Laboratory which showed that sample contained 2.6% heroin - Bail cannot be cancelled on..........
