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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Mere fact that witness of seizure/independent witness has appeared as DW1 does not led to conclusion that entire prosecution story has to be disbelieved, particularly when he had not denied his signatures on seizure memo rather his excuse was that it was taken on blank paper which was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg opium - Where Magistrate himself has appeared in witness box and deposed that it was produced in Court, mere fact that one seal was illegible does not vitiate proceeding...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 10 kg opium - Non-compliance of S.57 of the Act - Mere not sending of report within two days cannot have such consequence as to vitiate entire proceeding, as provision of S.57 of the Act not to be interpreted to mean that in the event report is not sent within two days, entire proceeding shall..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of poppy husk - Recovery effected from accused and petitioner was indicted later on - Charges were framed on 12.9.2019, but no witness is examined so far - Trial of case is likely to consume considerable time as prosecution has to examine its..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/s 21 of the NDPS Act and Ss.25, 27 of the Arms Act - Recovery of 260 gms of heroin along with a pistol .32 bore, two magazines with 10 live cartridges and one pistol .9 mm along with 6 live cartridges - 260 gms of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Indian Penal Code, 1860, Section 420, 468, 471 -- Transportation of huge quantity of contraband - Order framing charges - Petitioner conspired in transporting huge quantity of Ketamine etc. along with other accused and sold the same by violating terms and conditions stated in license - He has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of poppy straw - PW1 specifically stated that except evidence of co-accused, no other evidence is available on record to connect accused with commission of crime - Accused entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Offence u/ss 8, 15, 29 of NDPS Act - I.O specifically stated that except information supplied by accused while in police custody, no other independent evidence was collected against petitioners - Bail held, granted to petitioners...........
