Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 105 gm of intoxicant powder which is marginally higher than non commercial quantity - Out of 13 PWs only 2 PWs have been examined - Accused is behind bars for 8 months - Trial not likely to be concluded in near future - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Seizure of contraband - Accused in custody from last more than 3-1/2 years - Out of 79 witnesses statements of only 20 witnesses have been recorded out of which cross examination of 10 witnesses has been completed - Trial not likely to be concluded in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 20 of NDPS Act - Petitioner not named in FIR and was implicated on the basis of disclosure statement of co-accused who is already granted bail - However, keeping in view the fact that petitioner is not involved in any other FIR and he is in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 21, 22 NDPS Act - Accused in custody for 9 months - Three more PWs yet to be examined - No useful purpose will be served by keeping accused in custody - In case accused is found indulged in any other NDPS activity, prosecution will be at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 63, Criminal Procedure Code, 1973, Section 451 -- Vehicle seized for transporting narcotic drugs - Can be released on Sapurdari invoking provision of S.451 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused undergone 6 years 2 months and 15 days out of substantive sentence of 12 years and case of accused is squarely covered by ratio of Daler Singh Vs State of Punjab - Without commenting on merits of case,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused also earlier convicted u/s 21 of NDPS Act and that sentence was over - Accused undergone 1 year 6 months and 7 days out of total substantive sentence of 4 years - Keeping in view period of incarceration..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 64A -- Bail - Drug addict - Recovery of 2 gms heroine - Accused a drug addict was earlier arrested twice for small quantity - He is not involved in trade of sale and purchase of NDPS - Considering the sentence of six months prescribed for recovery of small..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to..........
