Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Petitioner arrested not only on the basis of statement of co-accused but there is also substantive evidence of call details regarding his involvement in offence - Main accused neither acquitted..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Release of vehicle - Vehicle seized for allegedly carrying contraband - Denial of relief on ground that after conviction of petitioner, vehicle is liable to be confiscated - Held, solely for the reason that vehicle is likely to be confiscated after trial,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 160 -- Recovery of 75 gms opium - Non-mentioning of names of persons who refused to join as independent witness impels Court to take view that it could be doubted whether actually police asked anyone to be a witness, which was very much required to prove recovery -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Drugs and Cosmetics Act, 1940, Section 18C -- Bail - Recovery of 597 bottles of cough syrup and tablets from chemist shop - Accused was having valid licence to possess/store drugs allegedly recovered from his car and shop - Some of drugs are though covered under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner in judicial lock up since 09.08.2017 and FSL report is still awaited - Held, till FSL report is received, petitioner be released on interim bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 9.20 gms charas - Bail - Contraband recovered from conscious possession of co-accused, who is already enlarged on bail - Case registered against petitioner on the basis of statement made by co-accused - No direct evidence to suggest involvement of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Criminal Procedure Code, 1973, Section 389 -- Recovery of 54 kg poppy husk - Suspension of sentence during pendency of appeal - Applicant would have a debatable issue to be argued at the time of hearing of appeal both on question of sentence as well as on question of conviction u/s 29 of NDPS Act -..........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Framing of charge - Offence u/ss 8, 21, 29 of NDPS Act - Framing of charge by trial Court without referring to evidence available on record against accused is erroneous - Order framing charge totally no, speaking and perfunctory, set aside...........
