Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2 kg 500 gms heroine - Commercial quantity - Statutory bar u/s 37 of NDPS Act is applicable - Bail not granted to petitioners...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.5 kgs intoxicant powder, 95 intoxicant injections without lable and without any permit or licence - Bail - No case of similar nature against petitioner - Though State contended that out of 9 witnesses, only 3 are examined, however, keeping in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, 37 -- Bail - Offence u/ss 8, 18, 29 NDPS - Accused seeking bail to enable himself to lead evidence - However, examination of accused u/s 313 Cr.P.C. is complete and evidence from defence side started - Disclosure statement attributed to accused is not per se..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Offence u/ss 22, 61, 85 NDPS Act - Challan in the case has already been presented, charges have also been framed but not even a single witness has been examined - Petitioner is in custody for last more than one year and two months - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85 -- Bail - Offence u/ss 20, 61, 85 of the NDPS Act - No other case of NDPS is pending against him - All the witnesses are officials witnesses - There is no possibility that petitioner may influence them or tamper with evidence and trial may take long time to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, 61, 85 -- Bail - Offence u/s 18, 25, 61, 85 NDPS Act - Car does not belong to petitioner - Recovery was not effected from personal possession of petitioner - Trial may take long time to conclude and all witnesses are official - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 29, 61, 85 -- Bail - Recovery of intoxicated injections, tablets and other material and by indulging in business of said drugs - Commercial quantity - Accused arrested at the spot was carrying contraband which falls in commercial quantity - S.37 of NDPS Act..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21 , 22 of the Act - Recovery of 196 intoxicant injections and 14 grams heroin - Admittedly, neither mandatory provision of S.50 NDPS Act has been complied with nor any other case of NDPS Act has been pointed out against petitioner - Bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482 -- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the..........
