Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Offence u/s 22 of NDPS Act - Petitioner regularly appeared before trial Court for at least 17 dates - However, only on one date, petitioner could not appear due to inadvertent mistake and bail granted to petitioner was cancelled - If accused..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Conditions - Grant of bail subject to furnishing surety bond of Rs.One lakh and to deposit Rs.20,000/- cash - Condition to deposit Rs.20,000/- would not serve any better purpose than other conditions imposed - Condition to deposit Rs.20,000/-..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Samples not drawn in presence of Magistrate - Magistrate not followed the ratio of Supreme Court Judgment - Bail granted...........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 gms heroin - Commercial quantity - Prima facie material disclosing recovery of narcotic substance above commercial quantity i.e 3 gms of heroin from petitioner - Recovery effected from petitioner pursuant to search conducted by a Sub..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 810 tablets of Triesr containing tramadol - Offer to be searched before a Gazetted Officer of Police Department only - It is debatable whether such an offer is valid and would meet the requirement of S.50 of the Act - Without commenting..........
