Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36, Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - A special court constituted u/s 36 NDPS Act, is competent to entertain pre-arrest bail petition u/s 438 Cr.P.C - However, such jurisdiction of designated judge to exercise power u/s 438 Cr.P.C relating to offence under NDPS Act is exclusive..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of Poppy husk - Petitioner along with four other accused were found in possession of seven bags of poppy husk weighing 35 kg. each - Petitioner was arrested after seven days of occurrence - FIR does not reflect that any one of members of police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Non-filing of charge sheet within 90 days - Extension of time - No strict compliance with provision of S.36A(4) of NDPS ACT - Extension of time for filing final report u/s 173 Cr.P.C could be given by court on report of public prosecutor indicating the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Bail - Non-filing of charge sheet within 90 days - Application by I.O for extension of time for filing final report u/s 173 Cr.P.C was without any report of public prosecutor - Held, right to be released on bail has accrued in favour of petitioner for no,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 700 tablets of Phenotil which has Diphenoxylate hydrochloride as an active ingredient - Non-commercial quantity - As per FSL report each tablet weighed 74 milligrams and thus total weight of 700 tablets was 50.8 grams, which was marginally more..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of poppy husk - Weight 52 kg. including weight of bags - If weight of bags is taken as 1 kg. and same is excluded from the recovery then recovery will fall under non commercial quantity - Bail granted treating the recovery as non commercial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Recovery of 41 Kgs. of poppy straw - Question about conscious possession of contraband not put to accused in his statement u/s 313 Cr.P.C. - Recording of statement u/s 313 Cr.P.C. is neither a ritual nor formality - It is a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Poppy husk - Recovery of 10 bags each containing 35 Kgs. - Secret information that accused are habitual sellers of poppy husk - None of the accused was present at the spot - Recovery was made from an abandoned place - Co-accused already granted concession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54, Criminal Procedure Code, 1973, Section 313 -- Poppy husk - Recovery from Van - Question with regard to ownership not put in statement of accused u/s 313 Cr.P.C. - Held, in view of the same accused cannot be termed as owners of contraband - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4) -- Poppy husk - Recovery of four bags - Non joining of independent witnesses - Recovery from house - As per S.100(4) Cr.P.C. it was mandatory for raiding party to associate two or more independent and respectable inhabitants of the locality where search was to be..........