Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - X-ray of accused - Radiologist who conducted X-ray of abdomen of accused neither examined nor his report sent to Magistrate with X-ray Plate for suitable action as contemplated under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Non-compliance of provision of S.103 of Customs Act - Procedure followed by Air Intelligence Unit in keeping the accused under surveillance in their office without producing him before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Search and seizure - No independent witness examined - Entire process of alleged recovery took place within closed confines of Air Intelligence Unit office while accused was in custody..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - S.37 NDPS Act does not create absolute bar but only create some rigid restrictions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438 -- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contrabnad - Not always necessary that contraband article should be in possession of accused to attract S.21(c) of the Act - If any one of the ingredients mentioned in S.21 of the Act is satisfied, offence will be complete...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - Prima facie indicate that contraband was in possession of accused/petitioner and it was sold to first accused - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Court while considering application for bail is not required to record a finding of not guilty...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of huge quantity of medicines - Defective investigation - Contraband recovered from accused bearing name of company, date of manufacturing, date of expiry, batch number etc. - However, no efforts made by I.O to enquire from concerned company or its wholesaler as to who purchased this huge quantity..........
