Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - Recovery of huge quantity of intoxicating tablets - Accused is in custody for more than 3 years and 4 months - 11 PWs out of 19 are yet to be examined - Trial has not even reached halfway mark - Bail granted to accused solely on..........
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, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Drugs and Cosmetics Act, 1940, Section 18A, 18(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from accused - Custody period of accused is more than 2 years and 4 months - Accused has no criminal antecedents regarding any NDPS matter - Trial may take..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Search and seizure by Sub Inspector who was not posed as SHO - Non compliance of statutory provision of S.42 of the Act as only officers mentioned therein and so empowered can make arrest or seizure - Non compliance of statutory provision - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
