Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Seizure of vehicle - Offence under NDPS Act - Seized vehicle can be returned to registered owner on furnishing bond with surety - Owner of vehicle has to produce vehicle before Trial Court as and when called for and he will not change nature and character..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313 -- Contraband - Merely because question regarding chemical laboratory report was not asked from accused, no prejudice is being caused to accused, as accused was all along aware of said report - Moreover, on mere technicality, conviction cannot be interfered -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xi), 21, Criminal Procedure Code, 1973, Section 439 -- Manufactured drug - Recovery of 20 bottles of cough syrup containing chlorpheniramine maleate and codeine phosphate and 299 tablets of Nitrazepam - Bail - Codeine phosphate is a manufactured drug - Accused possessing same without any license or authority..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 250 kgs opium - Co-accused already granted bail - Accused in custody since 16.10.2015 - Out of 15 witnesses, none has so far been examined - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 433A -- Remission of sentence - Accused does not have right to seek remission under Cr.P.C. because of S.32A of NDPS Act - Accused can seek for remission or pardon either u/Art.71 or Art.161 of Constitution of India...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs and Cosmetics Act, 1940, Section 8C, 27B(2) -- Second bail application - Recovery of 1150 tablets Alprazolam and 1140 capsules Parvon spas - Gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 67, Drugs and Cosmetics Act, 1940, Section 8, Drugs and Cosmetics Rules, 1945, Rule 65, Criminal Procedure Code, 1973, Section 482 -- Contraband - Buprenorphine Hydrochloride is not included in Schedule I to the NDPS Rules - Consequently its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 175 kg poppy straw - Recovery effected from car which was lying in abandoned condition - Accused was implicated on basis of agreement of sale executed by original owner of car in favour of accused - However, there is no document..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - 60 kgs ganja recovered from vehicle of accused - There is sufficient material on record to prima facie proceed against accused `D' and `B' as they are owner and driver of vehicle from where contraband is recovered -..........