Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 31 kgs of bhang - As bhang is excluded from operation of NDPS Act, therefore, bhang is not a narcotic and as such prohibition engrafted in S.8 NDPS Act cannot apply to possession or sell or purchase of bhang -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 23(C), 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.2 kg cocaine - Petitioner apprehended not solely on the statement of co-accused but also arrested as part of search and seizure operation from one of places which was disclosed by co-accused during operation - Not only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(A), 22(c), 29, 50, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.890 gms Hashish - Bail - Non-compliance of S.50 of NDPS Act will be sufficient to vitiate conviction for illegal possession of contraband - Said no, compliance cannot be said to be mere technical breach - Applicant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - S.37 NDPS Act does not create absolute bar but only create some rigid restrictions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438 -- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - Prima facie indicate that contraband was in possession of accused/petitioner and it was sold to first accused - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Court while considering application for bail is not required to record a finding of not guilty...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 22 kg 200 gms ganja - Commercial quantity - Bail - Contraband recovered was entrusted to co-accused by petitioner for the purposes of sale - CDR details collected by I.O containing communication between co-accused and petitioner on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 8, 19, Criminal Procedure Code, 1973, Section 30 -- Contraband - Conviction - Non-payment of fine - Default sentence - Accused sentenced to 10 years R.I. with fine of Rs.1 lac in default of which to further undergo S.I for 2 years - Accused is very poor person and only earning member of family and he cannot..........
