Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Opium - Bail - Accused opted to be searched before Magistrate - Search made before Naib Tehsildar - Naib Tehsildar may be Magistrate for revenue purpose but he cannot be considered to be an Executive Magistrate under the Cr.P.C. or NDPS Act - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15 -- Poppy husk - Recovery of - Bail allowed to accused on plea of accused that case was engineered falsely by police...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 50 -- Poppy husk - Recovery of 30 Kg. - Bail - Recovery effected in presence of Naib Tehsildar who was not a Magistrate - Bail allowed without commenting on merits of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Accused opted to be searched before Magistrate - However, accused searched in presence of Naib Tehsildar who is not a Magistrate - Recovery was effected on receipt of secret information but information was not reduced to writing..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Narcotic drugs - Detention - Satisfaction of detaining authority - Reasoning that there is `Likelihood of detenu moving an application for bail' - Held, it is different from `likelihood to be released on bail' - Aforesaid reasoning is not sufficient compliance with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52, 57 -- Contraband - Grant of bail - Validity - Held, as per S.37 of the Act no accused can be released on bail when application is opposed by public prosecutor unless Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences and that he is not likely to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 439 -- Bail - 5 Kg. of Opium recovered - Jurisdiction of Court to grant bail is circumscribed by the provisions of S.37 of the NDPS Act - Accused should not be released on bail during trial unless mandatory conditions i.e. reasonable ground for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8(c) -- Packets containing 3.8 kg. of heroin seized from room of hotel in which accused was staying - Accused was the only person staying in room - Trial Court found evidence of PW1 and PW2, Search Officers and PW4, Panch witness reliable - Panchnama corroborated evidence of witnesses - Defence of accused..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 2(xvi)(e) and 18 - Bail - Opium Derivative - Kali Khas Khas - The contraband does not fall within the definition of Opium Derivative - FIR registered against the petitioner quashed...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 37 and 50 - Bail - Contention that search was not conducted in the presence of a Magistrate or a Gazetted Officer - Held that it is against the spirit of the Act say that if search is taken in the presence of a Gazetted Police Officer it is not in accordance with..........
