Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bar since 12.8.2023 - Investigating agency has concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not commenced yet, as none out of 18 PWs has been examined so far - Culpability..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Detecting officer had drawn the sample at the scene of occurrence and he did not forward the contraband substance as provided u/s 52-A of the Act - Remaining quantity of contraband seized from possession of accused was not forwarded to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind bar for two years and six months - Only 7 out of 19 PWs have been examined - Trial is likely to take some time - Conviction of accused in other two NDPS cases related to smaller quantity - Bail granted with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of provision of S.52-A of NDPS Act - Samples drawn in the presence of mediators, but not in the presence of Magistrate - There is thus, non-compliance of provision of S.52-A of NDPS Act - Moreover, accused is in judicial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Petitioner is in judicial custody for 14 months - Investigation of case is complete and charge sheet has been laid - Petitioner is alleged to have been in possession of a commercial quantity of contraband and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Neither samples were drawn in the presence of Magistrate nor list of samples so drawn were certified by Magistrate - Mere fact that samples were drawn in the presence of a gazetted officer is not sufficient compliance of mandate of S.52-A(2)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars for more than one year - Investigation is complete - Final report u/s 173 Cr.P.C. already presented and trial of case would take long time to conclude - Accused is not involved in any other case and there is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non-joining of independent witness - Accused allegedly threw gunny bag from moving car and ran away - However, there are four police officials at the spot where naka has been laid - No reason as to why police party should not have chased the vehicle till the time they actually apprehended -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Search and seizure - No evidence that case property allegedly analyzed in laboratory was the same that was recovered from accused - Facsimile of seal affixed on the NCB form is not legible and clear - It is thus, not understandable as to how seals affixed on the case property could be tallied..........
