Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 36A(4) -- Default bail - Extension of time sought 20 minutes after filing of application for default bail - Order granting extension of time was quashed - No valid reason for denying valuable right for grant of `default bail' - Default bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Commercial quantity - Bail - Accused has already remained behind the bars for almost 1 year 2 months and 11 days - Investigation has been concluded, challan stands filed and charges framed - None of PWs out of 12 have been examined so far and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.085 kg MDMA - Bail - Commercial quantity recovered from accused - S.37 of NDPS Act would apply to case - Prima facie there are materials in abundance to connect accused in the crime inclusive of CCTV footage - It cannot be held that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.688 kg charas - Bail - Recovery effected from accused falls under Commercial quantity - Rigours of S.37 of NDPS Act comes into play - It cannot be said at this stage that accused has not committed any offence nor it can be said that if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1 kg 555 grms charas - Petitioner is in custody since 30.3.2021 - Trial is not likely to be concluded in near future - There is nothing on record to suggest that delay in trial is attributable to accused - Bail granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 14 injections of Pheniramine melate IP (Avil) 10 ml each and 14 injections of Buprenorphine IP 2 ml each - Bail - Petitioner is not involved in any other case - Co-accused has already been granted bail - Conclusion of trial may take a long time -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of commercial quantity - Bail - Statements by accused recorded u/s 67 of NDPS Act - Cannot be the mere reason for disallowing bail unless other circumstances also call for rejection of bail...........
