Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 120 grams of charas - Not a commercial quantity - Bail allowed - Provision of S.37 NDPS Act not applicable...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 37 -- Charas - Recovery of 450 gms. - No previous conviction of applicant - Reasonable ground to accept argument that he has not committed offence and no likelihood of engaging himself in similar activity in future - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37 -- Poppy straw - Recovery of 35 Kg. - Accused being house lady - Quantity not commercial quantity - No previous conviction - Reasonable grounds to accept contention that accused has not committed offence and there is no likelihood of engaging herself in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 bags containing 30 kgs. of poppy husk from the car of the accused - Plea of the accused that there is no, compliance of Ss.42, 50 & 57 of NDPS Act - Held that the prayer for bail has to be considered in the light of the limitation laid down..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Poppy husk - Recovery of 40 Kg. - It is more than small quantity but less than commercial quantity - Accused was granted interim bail - Anticipatory bail allowed taking into account the legislative interdict and shift in the sentencing policy and the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Recovery from truck - Owner was in jail at the time of recovery - Trial Court will decide whether truck was used with the connivance knowledge of the owner - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 37 -- Offence under NDPS Act - Contraband when found to be less than commercial quantity then rigor of S.37(1)(b) is not attracted and bail application is to be dealt with under S.439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Poppy husk - Recovery of 10 Kg. - Not a commercial quantity - Accused in custody for 17 months - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 61, 50 -- Bail - Recovery of 3 Kgs. of opium - Plea that there has been no, compliance of Section 50 of the Act at the time when search was conducted and not independent witness associated in raiding party and on the date of the crime the accused was aged 18..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Poppy husk - Recovery of 100 Kgs. - Bail - Sought on the ground that provisions of Ss.50, 52 and 57 not complied with - Bail refused - 100 Kgs. of poppy husk is a commercial quantity - Limitations of S.37 cannot be ignored and it is premature to say whether..........
