Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 77 kg 500 gm poppy husk - Secret information - Charges were framed on 1.8.2019 - Till date not even a single PW has been examined - No other case is pending against petitioner - Trial of case is likely to take time - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 48 kgs Ganja - Specific recovery has been attributed to all three accused of 16 kgs of Ganja Patti each - Accused are in custody since Aug 2020 - No recovery is to be made - Individual recovery is of non-commercial quantity - Conclusion of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.100 kgs opium and Rs.44 lakhs in cash from the boot of car - Whether alleged recovery can be considered to be recovery from petitioner shall be debated during course of trial - Petitioner already suffered incarceration for over eleven..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xviii) -- Poppy capsules - Whether poppy capsules is different commodity from poppy straw - Poppy straw can be with juice or without juice - For packing minimal quantity of poppy straw, capsule, which is made of gelatin, is used to make it marketable - If juice of poppy straw is extracted and dried, cut and/or..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25A -- Discharge - Contraband - Prosecution has sufficient evidence to involve accused in commission of offence - Accused had a talk on mobile number of main accused from his cell phone - All the call details were brought on record by prosecution - Discharge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of intoxicant tables - Secret information - Non-compliance of S.42 of the Act - Intimation regarding secret information in the shape of Ruqa had actually been sent to SHO immediately upon receipt of information by police Officer who received it i.e by ASI much before he proceeded to effect..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of intoxicant tables - Secret information - Quantity recovered from accused was commercial quantity - Fetters of S.37 of NDPS Act thus, attracted - Nothing on record at this stage from which it could be inferred that accused are not guilty of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Bail - Contraband - Conclusion of proceedings is likely to take some time - Continuation of custody of accused not warranted - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - When quantity is less than commercial, rigors of S.37 of NDPS Act will not attract and factors become similar to bail petitioners under regular statutes - Thus, when maximum sentence cannot exceed ten years and accused is yet to be proved guilty, grant of bail is normal unless prosecution points..........
