Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61 -- Bail - Offence u/ss 22, 61 NDPS Act - Recovery of 6950 tablets of clovidol 100 SR - Due to COVID-19 situation, trial is not progressing and even the charges have not been framed - Petitioner is in custody for last 01 years, 02 months and 22 days - Interim..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 29, 61 -- Bail - Recovery of intoxicating tablets - Petitioners are in custody since Dec 2018 - Complicity of petitioners on basis of inquiry conducted by SP would remain debatable - At this stage no opinion can be made on genuineness of prosecution case and..........
Criminal Procedure Code, 1973, Section 167, 439(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 28, 29 -- Default bail - Cancellation - Contraband - Recovery of contraband one from vehicle while being transported and other in factory premises - Combined complaint filed for both offences before Special Court, Omerga (Maharashtra) wherein offences..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 2.900 kg Ganja - Secret information - Applicability of S.42(2) of the Act - Information received by PW6 was with regard to contraband which was carried while said person was travelling in a vehicle - Sending such a report would become necessary only if detecting officer proceeds to conduct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2.900 kg Ganja - Non-compliance of S.50 of the Act - Contraband was not seized from person of accused - Though body search of accused might have been done in order to ascertain whether any further offensive article was concealed by him in his person - But ganja was seized from bag carried by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 2.900 kg Ganja - Search and seizure - Oral testimony of officials witnesses have given uniform version with regard to search and seizure of contraband - Though both independent witnesses turned hostile, but they have identified their signatures found in mahazar - Police officials have..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 36A, Drugs and Cosmetics Act, 1940, Section 18(A), 18(C) -- Default bail - Contraband - Accused already remained in detention for more than 8-1/2 months - He is not involved in any other case under NDPS Act - Trial of case is likely to take a considerable time..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Recovery of 70 injections of Pheniramine Maleate 10 ml Avil and 70 injections of Buprenorphine Rexogesic 2 ml each - Petitioner is in custody for more than 2 years - He is not involved in any other case - Whether condition of existence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kg 520 gm charas - Independent witnesses supported prosecution case - They do not dispute existence of their respective signatures on sealed cloth parcels - Recovery effected from bag of accused along with their identification documents - Contraband recovered from exclusive ownership and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
