Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of narcotics - Commercial quantity was recovered from accused - Accused is not facing charges under NDPS Act in any other case - Call records of mobile can be examined at the stage of trial - On the basis of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.41 of NDPS Act - Bail - Accused cannot be granted bail for violation of S.41 of NDPS Act alone as rigors of S.37 of NDPS Act have to be still met...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 58.5 kgs Doda post - Quantity recovered from accused was of commercial quantity - Even though there is non-compliance of S.41 of NDPS Act, rigors of S.37 of NDPS Act have to be still met - Since there are no reasonable..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 27(a), 37 -- Bail - Trial is expected to take a long time and is not going to conclude in future - Therefore, by S.37 of the Act accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution of India - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(b), 29 -- Default bail - Extension of time - Application for extension of time not in terms of mandate of proviso to S.36-A(4) of the Act as such same cannot be allowed - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 13 kg morphine - Bail - Large quantity of contraband was found in a car driven by co-accused - Statement of co-accused recorded u/s 67 of NDPS Act has also named his owner accused - In the face of S.37 of NDPS Act, High Court could not and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
