Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(2) -- Preventive detention - Detenu in custody - Detention order can be validly passed despite the detenue being in custody when : (1) authority passing the order is aware of the fact that he is actually in custody; (2) authority had a reason to believe on the basis of reliable material..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under NDPS Act - Bail - Two conditions for grant of bail are to be satisfied viz. the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit any offence while on bail - Both the conditions have to be satisfied -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under NDPS Act - Bail - 'Reasonable grounds' - Meaning - Means something more than prima facie - It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under NDPS Act - Bail - While considering application for bail Court is not called upon to record a finding of not guilty...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 8, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Second application - Offence u/s 8/15 r/w S.8/29 NDPS Act - No change in situation after rejection of first bail application - Application rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 8, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Second application - Huge recovery of 6040 kg. of poppy straw - Plea that petitioner is implicated only on statement of co-accused recorded u/s 67 of the Act - Keeping in view of huge recovery nothing can be said at this stage that case against..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Poppy husk - Recovery of 150 Kgs. - Accused arrested after about two years of occurrence - Trial likely to take some time - Not a case of prosecution that accused is habitual in the commission of offence under NDPS Act - Bail granted keeping in view the nature of allegations and the fact that he was not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - On chemical examination quantity of heroin in recovered substance found to be 46 gms. - Much less than the commercial quantity - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 37, Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 29 of NDPS Act - At the time of grant of bail Court held that there are reasonable grounds to believe that petitioner was not guilty of offence and that, if released on bail, would not commit the offence again - Held, grant of bail does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Appeal against conviction - Accused on bail throughout the trial for more than three years - No report of any repetition or an attempt of the offence reported - Execution of sentence suspended and bail allowed...........
