Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29, 60, 61, 85 -- Bail - Owner of truck - Recovery of contraband from truck - Two accused ran away and truck driver apprehended - Petitioner arrayed as an accused primarily on the ground that she is the owner of the truck - Petitioner not directly involved in smuggling/transporting of narcotics - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Indian Penal Code, 1860, Section 147, 224, 323, 504, 506, 420, 427, Criminal Law Amendment Act, Section 7, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Section 4 -- Bail - For treatment of epilepsy, banned drugs under NDPS Act found stored and sold in clinic of applicant - Drugs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction in an offence under NDPS Act - Accused already in custody for 8 years and 6 months - No ground to grant bail during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Smack - Recovery of 300 gms - Diacetylmorphine against this 300 gms comes to 72.3 gms - It is non commercial quantity - Petitioner in custody for the last more than four months - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Poppy husk - Recovery of 5 Kg. - Conviction - Appeal against - Accused in jail for 4 months - Bail allowed during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Contraband - Recovery of 1 kg. brown powder - Actual weight of heroin content only 2.5 grams - To determine small quantity or commercial quantity, it is actual content of heroin which is to be taken into consideration and not the entire substance - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 18 NDPS Act - Out of sentence of five years accused already served out more than one year four months - Sentence suspended during pendency of appeal - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 21, 29 -- Bail - Contraband recovered less than small quantity - Maximum prescribed sentence for the offence six months - Accused already undergone imprisonment for six months and charge not yet framed in the case - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2),, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Challan not presented within stipulated period and bail granted - Challan infact had been filed earlier on the same day - Order of bail cannot be recalled without opportunity to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Petitioner arrested on account of statement of co-accused already in police custody - Recovery effected from three persons who are in police custody - Bail allowed...........
