Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind bar for two years and six months - Only 7 out of 19 PWs have been examined - Trial is likely to take some time - Conviction of accused in other two NDPS cases related to smaller quantity - Bail granted with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of provision of S.52-A of NDPS Act - Samples drawn in the presence of mediators, but not in the presence of Magistrate - There is thus, non-compliance of provision of S.52-A of NDPS Act - Moreover, accused is in judicial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - S.37 of the Act does not lay down any stipulation that accused is entitled to be released on bail if trial does not commence within a particular period...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Petitioner is in judicial custody for 14 months - Investigation of case is complete and charge sheet has been laid - Petitioner is alleged to have been in possession of a commercial quantity of contraband and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Confiscation - Jurisdiction of Special Court - Confiscation proceedings initiated and conducted by Special Court as established under the Act - It is Special Court which decides the liability of an article, thing or vehicle to confiscation and such decision is taken by Special Court after conviction,..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Provisions of confiscation in Ss.60, 63 of NDPS Act or seriousness of the allegation levelled against petitioner cannot be grounds for refusal to release an article, thing or vehicle to interim..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - Recovery of huge quantity of intoxicating tablets - Accused is in custody for more than 3 years and 4 months - 11 PWs out of 19 are yet to be examined - Trial has not even reached halfway mark - Bail granted to accused solely on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars for more than one year - Investigation is complete - Final report u/s 173 Cr.P.C. already presented and trial of case would take long time to conclude - Accused is not involved in any other case and there is..........
