Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium along with 1 Kg Poppy husk - Recovered quantity of opium is only marginally higher than non-commercial quantity - Investigation of case already stands concluded with filing of challan - Accused is behind the bars for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused has remained in custody for a period of four years and three months - Only 5 out of 15 PWs have been examined - Conclusion of trial is to take time - Second bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Ganja seeds - No specific allegation that Ganja seeds were supplied by petitioner to other person with an intention to receive back grown Ganja after cultivation - However, material on record shows that petitioner can be said to have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(C), 27(A), 29, 31(1), Criminal Procedure Code, 1973, Section 439 -- Recovery of 39.845 kgs Ganja - Bail - Accused has been in custody from 2021 and now more than two years have elapsed and trial has not yet started - He has no criminal antecedents - There is no possibility to complete trial..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Accused availed his indefeasible right to statutory bail immediately when period of 180 days had expired - Same cannot be defeated by subsequent filing of challan by investigating agency...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 8(c), 20(b), 20(a)(i), 20(b)(ii), 37 -- Bail - Six plants weighting 5.050 Kg found in possession of accused - Even if presumed all parts of plants to be Ganja the same is less than commercial quantity and higher than small quantity - S.37 of NDPS Act not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 8(C), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 0.9 gms MDMA - Intermediate quantity - Accused is involved in 14 crimes prior to present occurrence - Out of which 3 are u/s 27(b) of NDPS Act, but many of antecedents are pertaining to minor offences - However, taking into account..........
