Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg poppy husk - Petitioner implicated on basis of disclosure statement of co-accused - He was not arrested from the spot and no recovery was made from him - There is no other material/evidence connecting petitioner with..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/s 22 of NDPS Act - Recovery of Tramadol Hydrochloride - Out of 4752 loose intoxicants capsules only 50 capsules had been sent to FSL for chemical examination in which the salt `Tramadol Hydrochloride' was detected - Trial of the case would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Provision of S.37 of the Act lays down to limitations for grant of bail : (a) that Court is prima facie of he view that appellant is not guilty of offence and (b) he is not likely to commit any offence while on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Case of appellant totally different from other accused - Reasonable possibility is there that he may be acquitted - He has been behind bars since his arrest on 04.08.2017 i.e. for more than 2 years and he is a young man aged about 25 years - He is a B.Tech Graduate - In the facts and circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of psychotropic Substance - Commercial quantity - Information regarding recovery was received by NCB from CISF Control room, Airport - Investigation of the case is conducted in a very perfunctory manner - Even the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29 -- Bail - Recovery of 490 gms methamphetamine (psychotropic Substance) - Commercial quantity - Search made by CISF officers who are not authorized officers - Petitioner was detained at airport and narcotic drugs were detected from hand baggage..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Scheme of S.37 of the Act reveals that exercise of power to grant bail is not only subject to limitation contained u/s 439 Cr.P.C, but is also subject to limitation placed by S.37 of the Act, which commences with no, obstante clause...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 80 grams heroine from right pocket of pant worn by petitioner - Keeping in view involvement of question as to whether petitioner can be said to be in conscious possession of contraband recovered, non applicability of..........
