Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail - Bar as provided in S.37 of the Act cannot be invoked where evidence against accused appears to be unbelievable and does not seem to be sufficient for the purpose of conviction of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
Drugs and Cosmetics Act, 1940, Section 18(c), 22(1)(cca), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 18(c), 22(1)(cca) of the Act - Father of accused was a registered Homeopathic Doctor on the date of inspection - Procurement of medicines and payment in 2011, 2012, 2013 cannot be said to be per se illegal - Merely because accused could have personally..........
Drugs and Cosmetics Act, 1940, Section 18A, 28 -- Offence u/ss 18-A, 28 of the Act - Non-disclosure of name of manufacturer - Accused is a doctor - Quantities of 29 kinds of medicines recovered from clinic run by accused of small quantity - In such a situation, non-disclosure of name of manufacturer/person from whom said medicines were acquired, cannot be said to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000 - Condition so imposed by High Court is totally alien to principles governing bail jurisprudence..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Quantity of contraband recovered is disputed - Said fact alone is enough to cause a serious dent in prosecution version - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - While total non-compliance of S.42 of the Act is impermissible in law, delayed compliance with satisfactory explanation about delay is acceptable compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - First informant had sufficient time to take action and to send a copy of information to the officer superior and in spite of the same, he did not adhere to mandatory provisions of law - There is thus, complete non-compliance of mandatory..........
