Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle from interim custody - No specific order passed by trial Court to confiscate the vehicle - Trial of case still pending - There is no provision under NDPS Act debarring release of vehicle for interim custody - Vehicle in question ordered to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 19 bundles of ganja - Ante timed FIR - Two PWs who prepared the chek FIR and G.D. entry were withheld by prosecution during trial and relevant G.D. entries were suppressed deliberately - No evidence on record that FIR lodged at the time mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 19 bundles of ganja - Ante timed FIR - Recovery becomes doubtful and untrustworthy in absence of any corroboration by any other evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 4 kgs of heroine - FSL report discloses that only 50 gms of heroine was actually in possession of accused - Accused remained in custody for about 5 1/2 years - Thus, taking into account period of..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Release of vehicle seized in an offence u/ss 8/21 NDPS Act - Power u/s 451 Cr.P.C. should be exercised expeditiously - Owner of vehicle should not suffer because of it remaining unused and police should not be required to keep the article in safe custody -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Contraband - Recovery slightly above commercial quantity - Accused already undergone 01 year and 09 days out of total substantive sentence of 10 years - Appeal not likely to be decided in near future - Sentence..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
