Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 450 gms charas - Case property produced in Court while recording the statement of PW10 - However, person who brought the case property from Malkhana to Court not examined - No entry is made in the Malkahana register as to who has taken the property to Court and re-deposited the same - It casts..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 500 gms opium - Bail - Recovery not commercial quantity - Investigation is complete - Petitioner not required for custodial interrogation - Trial would be concluded in due course of time - Contention that if bail is granted, then petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 8(c), 21(c) -- Offence u/s 8(c) and 21(c) of Act - Reduction of default sentence - Accused convicted and sentenced to undergo R.I of 10 years along with 1 lac fine in default to undergo further period of six months - They suffered a substantive sentence of 10 years but during these ten years they failed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Offence u/s 15 of NDPS Act - Petitioner has already undergone sentence in another case which was pending against him under NDPS Act - Other co-accused in this case already granted bail - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 330 gms charas - Nothing on record that Rr.22.70, 27.18 of Punjab Police Rules (as applicable to State of H.P) were followed while producing case property in Court and on returning the same - These Rules framed to ensure that case property from its initial stage of seizure till production in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Punjab Police Rules, 1934, Rule 22.18 -- Search and seizure - Recovery of 350 grams of charas - Production of case property in Court - Entry in register - Non following rules - Accused acquitted - Rules have been framed to ensure that case property from its initial stage of seizure till production in Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4400 kgs poppy husk - Petitioner implicated on disclosure statement of main accused - Petitioner declared proclaimed offender and then he was arrested - For more than 10 months petitioner is in custody - Petitioner neither apprehended on spot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 750 gms Alprazolam tables - Chemical Alprazolam is a psychotropic substance under NDPS Act - Petitioner was found in illegal possession of the same along with 84 bottles of Corex syrup, 200 tablets of Carisoma, 800 tablets of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Where an accused deals with NDPS involving commercial quantity, benefit of bail cannot be granted to him unless on the basis of material available on record twin conditions as contemplated u/s 37 of Act are fulfilled to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On account of parity - Merely because some of co-accused whom similar role has been ascribed has been released on bail earlier and State has not moved higher Court against the order in question for cancellation, power of Court cannot be..........
