Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of heroin - Non-compliance of S.42 of the Act - Secret information had not been taken down in writing independently and had not been sent to senior officer in writing - There is thus, non-compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of heroin - Bail - Accused have been in custody for last 1 year 6 months and 23 days respectively - Challan has already been presented - There are as many as 25 witnesses out of which only one witness has been examined - Trial of case is likely..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet filed after expiry of extension of time granted by Court - Accused availed his right to be released on bail - Accused is entitled to statutory bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 22(C), 29 -- Default bail in an offence under NDPS Act - Final report without analyst report - Final report is incomplete only when entire prosecution case rests solely on the analyst report and not when prosecution is relying the analyst report as a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 grm heroin - Bail - Recovery effected is marginally higher than commercial quantity - Petitioner is in custody since Oct 2020 - He is not involved in any other case under the Act - Investigation is complete and conclusion of trial is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 80 gms brown sugar - Mere fact that co-accused was acquitted on finding that contraband seized from him was not brown sugar, accused cannot claim that he must also be acquitted, particularly when chemical analysis report in case of accused shows that seized material was brown sugar...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 80 gms brown sugar - Non-compliance of S.50 of the Act - Accused was asked whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate - However, detecting officer failed to inform accused that he had such a right under provisions of S.50 of the Act - Failure to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 52A -- Disposal of vehicle - Registered owner has got a right to be heard by Court prior to passing of any order for disposal of vehicle...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 61, 85, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 4 kg 400 gms Alprazolam Tablets - Default bail - Repeated extension of time on same ground by trial Court, treated as mechanical orders passed by trial Court - No exceptional circumstances were revealed which could have indicated why..........
