Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Search made in public place - Officer taking search is not required to comply with requirements of S.42 of the Act - S.43 of the Act comes into play and question of non-compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - No contraband substance was recovered on conducting search of body of accused - Provision of S.50 of the Act does not apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c) -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Delay in producing contraband substance in Court - There is unexplained delay in producing seized substances before Court and absence of evidence as to how and in what condition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 8 kg heroin - Reduction of sentence - Accused is a Nigerian national and has been continuously in prison since 2010 - He has completed sentence of 10 years for conviction u/s 21 of NDPS Act - Sentence awarded to accused reduced to period already undergone by him with fine being reduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 209 capsules weighted 125.72 gms - Recovery did not take place directly from petitioner - Main accused from whom police had recovered the capsules for which petitioner stands arraigned as co-accused already released on bail - Merely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35 -- Recovery of 20.150 kg Ganja - Presumption of culpable mental state - Materials on record show that accused was aware of contraband article being transported by them irrespective of the fact as to whether it belonged to co-accused or father-in-law of co-accused - Accused was also arrested on..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 29 -- Bail - Transportation of charas and opium - Without commenting on merits of evidence collected so far, fact that initial interception of petitioner appears to be not above board, coupled with the fact that confession against co-accused is inadmissible,..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of mobile phone seized in course of search conducted under NDPS Act - Magistrate has power to consider claim u/s 451 Cr.P.C. when article or thing is other than narcotic drugs, psychotropic substances, controlled substances and conveyances seized under..........
