Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Provision of S.37 of the Act though creates a bar for the grant of bail in case of commercial quantity - However, the same is not absolute in nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 55 gms intoxicating powder jointly from petitioners - In case petitioners are released on bail, there is no likelihood that they will tamper with the evidence or influence the witnesses or that they may repeat the offence particularly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1120 tablets - Commercial quantity - Investigation of case is complete and charge already framed - Petitioner is in custody since Jan 2019 - No PW examined till date and no explanation is forthcoming for such delay - It is not the case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Recovery of 200 gms heroin - Reduction of sentence - Accused are foreign nationals - They have undergone 1 year 8 months and 23 days of substantive sentence - Sentence awarded to both the accused is reduced to period already undergone by them and till their deportation, they will not be released from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 115 grms of contraband containing alprazolam - Contraband recovered from accused is marginally above commercial quantity - Accused is not involved in any other case - He is in custody since more than 9 months and still investigation is not..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 13 injections of Buprenorphine 2ml and 13 injections of Pheniramine Maleate 10ml each - Charges framed - Prosecution evidence was already closed and proceedings are pending for defence evidence - Petitioner is behind bars for last more than 1..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 275 gms heroin - Non-commercial quantity - Petitioner is in custody since 2019 - Since quantity recovered is not commercial quantity, without going into merits of case petitioner released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Search and seizure - Entire case based on search and seizure - If search and seizure is doubtful, conviction of accused cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Contradictions found in evidence of PW3 and PW4 with regard to preparation of seizure panchanama and non-production of register maintained by PW2, who is owner of lodge, where accused allegedly stayed and contraband was seized - Search and seizure conducted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5.450 kg Ganja - Procedure prescribed u/s 50 of the Act had been duly followed by I.O while making seizure of contraband, as per statement of I.O and Sub Inspector - There is no reason to disbelieve statements of I.O and other police officials - Accused rightly convicted...........
