Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on granting of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 90 vials of codispan cough syrup - Each vial of codispan cough syrup contained 10 mg codeine phosphate - Codeine is a derivative of opium and it is having one time addiction - Petitioner purchased drugs for selling the same - He was running the..........
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 - Involvement of petitioner in other similar offence - Though registration of earlier cases cannot be sole ground for rejecting bail application, however that can be taken into account to ascertain..........
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,..........
