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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Accused a lady who is in jail for six months - Heavy recovery - Co-accused already acquitted - Bail allowed in view of exceptional circumstances...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - In matters arising out of NDPS Act grant of bail is controlled by S.37 of the Act and it is mandatory for the Court to hear the public prosecutor and come to the prima facie conclusion that there is no material to come to the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Charas - Recovery of 1 Kg. - Falls under 'Commercial Quantity' - Accused in custody since long and trial to take considerable time - Accused directed to be enlarged on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67 -- Bail - 'Reasonable ground' - Means something more than prima facie grounds - It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence - The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Non compliance of order passed for supply of copies to accused - Not a ground to grant Bail - Limitations placed by section 37 are to be satisfied - Case not covered by exception given in section 37 - Bail cancelled...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Limitations placed under 37 (1) (b) - Opportunity be given to public prosecutor to oppose bail - Limitations on granting of bail come in only when the question of granting bail arises on merits - Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - 'Reasonable Grounds' - Means something more than prima facie grounds - It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Limitations imposed under section 37 (1) (b) - Scope - Limitations on granting Bail u/s 37 (1) (b) are in addition to the limitation under Criminal Procedure Code, 1973...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of huge quantity of 'Diazepam' 5 mg. Tablets - Confession by accused - Bail granted by High Court - Appeal by State - Limitations on granting of bail come in only when the question of granting bail arises on merits - Court must be satisfied that there are reasonable grounds for believing..........