Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Case registered u/ss 15/61/85 of NDPS Act - Accused in custody for two years - Bail allowed without going into merits of the case...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Offence u/ss 15/61/85 NDPS Act - Al the three co-accused against whom there were similar allegations already granted regular bail/anticipatory bail Accused granted bail on principle of parity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Poppy husk - Recovery of 38 kg. - On disclosure statement another quantity of 36 kg. of poppy husk recovered after one month - Contention of accused that if two recoveries are segregated then each recovery falls under the head 'non commercial quantity' and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Smack - Quantity recovered less than commercial quantity - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Smack - Recovery of 20 grams from a foreign national - Accused already in custody for about 8 months - Accused released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during appeal - Accused sentenced to 14 years R.I. - Accused undergone actual sentence of 6-1/2 years - Appeal not likely to mature in the near future - Sentence suspended during pendency of appeal and bail granted...........
Criminal Procedure Code, 1973, Section 389, 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Conviction of accused under NDPS Act - Appeal by accused - Independent witness not examined - Link evidence missing - Conscious possession of accused not proved- Accused have undergone incarceration for 2 years and 3 months - Sentence suspended during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4), 8(c), 21(a), Criminal Procedure Code, 1973, Section 167(2) -- Offence under Sections 8(c) r/w 21(a) of NDPS Act - Complaint not filed within 180 days - Accused is entitled to bail if application for extension of time was not filed by prosecution u/s 36A(4) or if application for extension was filed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 61 Kgs. of poppy husk from the plot - No person arrested at the spot - The plot from where the alleged recovery was effected, not abutting the house of the petitioner - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery from more than one accused - Grant of bail - Quantity recovered cannot be divided equally between them for determining whether the quantity recovered can be termed as small, less than commercial or commercial quantity. 2002(3) Criminal Court..........
