Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Framing of charge - Unauthorized use of premise for manufacturing psychotropic substances - Legality of order - At time of framing of charge, Court is obliged to pursue material on record regarding prima facie case against accused - In the instant case,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Allegation of unauthorized use of premises for manufacturing psychotropic substance - No evidence except statement of co-accused, suggestive of fact that accused who rented his premises, had knowledge about illegal activities of co-accused - More so,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 10 gms Cocaine from pocket of accused, who was travelling in vehicle in question - Investigation of case is complete and charge sheet has already been filed - Trial is yet to commence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Provisions of S.37 of NDPS Act, overrides provisions under Cr.P.C with regard to grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 66, Criminal Procedure Code, 1973, Section 439 -- Recovery of more than 100 gms of Alprazolam - Recovery falls within ambit of commercial quantity of recovered substance - Petitioner thus, not entitled to benefit of S.37 of Act, irrespective of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Provision of S.37 of the Act overrides the provision of bail u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 59 gms of buprenorphine - Recovery effected from accused falls within commercial quantity of contraband - Provision of S.37 of the Act comes into play - Although accused intends to take shelter of R.66(2) of Rules, but he has taken a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 93.900 kg cannabis - Bail - Secret information - Accused found involved in illicit trade of NDPS - Due compliance of provision of S.42 of the Act made out - Independent witnesses joined the search and seizure process - Twin tests as enumerated in S.37..........
