Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 310 gms heroin - Bail - Commercial quantity - Bail sought relying on judgment of Supreme Court, facts of which not applicable to present case - Nothing on record to suggest that accused was falsely implicated or that if released on bail he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), (ii), Criminal Procedure Code, 1973, Section 439 -- Pre-requisities to grant bail u/s 37 of NDPS Act - S.37 of NDPS Act casts duty upon the Court to satisfy itself that there are reasonable grounds for believing that (a) petitioner is not guilty of that offence; (b) petitioner is not likely to commit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), (ii), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Prima-facie, Court recorded that petitioner is not involved in present case and that earlier also petitioner was involved in a false case - Further Court believe that petitioner would not, in all likelihood, commit any offence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of large quantity of unlabelled tablets and injections - Raid on chemist shop - No material on record to show that a chemist who has been granted license by Government, cannot retain 3000 tablets of Alprazolam even if unlabelled - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of large quantity of unlabelled tablets and injections - Raid on chemist shop - Recovery not effected from petitioner who stated to come from Malaysia to meet his parents - Rather it was made from house which was owned by father of petitioner, who..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 24 kgs ganja - Three persons were apprehended and recovery of 8 kgs of Ganja each was effected from their possession - Whether each of accused was in conscious possession of 24 kgs of Ganja or 8 kgs Ganja, which was..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 21, 22 -- Bail - Offence u/ss 15, 21, 22 NDPS Act - Perusal of final report u/s 173 Cr.P.C. transpires that neither any role attributed to petitioner nor it states that he escaped from the spot - Even, said fact is not mentioned in recovery memo - Moreover, nothing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Recovery of 52 kg poppy husk - Co-accused was already acquitted and in statement recorded u/s 313 Cr.P.C, though it was put to both the accused that they were found in joint possession of poppy husk - But, no specific question was put to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of 52 kg poppy husk - Search and seizure - Non-deposit of sample in judicial malkhana - Sample was never deposited in judicial malkhana and remained in possession of I.O itself for a period of 2 days before it was sent to FSL - In absence of seal of..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 61 -- Superdari - Release of goods - Recovery of 9.770 kg opium underneath Pig Iron Material loaded in truck - Petitioner has not been named as accused through out proceedings - Once there is no allegation against petitioner that he is involved in case and merely..........
