Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61 -- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 NDPS Act - Petitioner filed application u/s 439 Cr.P.C. for grant of regular bail and concession of interim regular bail was extended on specific ground that FSL report was awaited - Upon filing of FSL report by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 310 gms heroin - Bail - Commercial quantity - Bail sought relying on judgment of Supreme Court, facts of which not applicable to present case - Nothing on record to suggest that accused was falsely implicated or that if released on bail he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded after one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), (ii), Criminal Procedure Code, 1973, Section 439 -- Pre-requisities to grant bail u/s 37 of NDPS Act - S.37 of NDPS Act casts duty upon the Court to satisfy itself that there are reasonable grounds for believing that (a) petitioner is not guilty of that offence; (b) petitioner is not likely to commit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Provisions of S.37 of NDPS Act, overrides provisions under Cr.P.C with regard to grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438, 439 -- Contraband - Commercial quantity - Bail or anticipatory bail cannot be granted without reference to S.37 NDPS Act and without entering a finding on the required level of satisfaction in case Court otherwise is inclined to grant bail - In the absence of such..........
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..........
