Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - In a offence under NDPS Act - It is entire drug content, solution or mixture which is to be seen and not only pure drug contents of the narcotic/psychotropic substance - If it is found to be more than commercial quantity, then rigour of S.37 of the Act would apply - Notification dated 18.11.2009 is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - For grant of bail in a offence under NDPS Act it is S.37 of NDPS Act which applies and not S.439 Cr.P.C. - In case of inconsistency between the two provisions, it is S.37 of NDPS Act which prevails - Though Court has power to grant bail u/s 439 Cr.P.C. but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Morphine injections - Petitioner alleged to have carried 700 injections of morphine - Strength of morphine in each injection not more than 0.2% - Held, no offence made out - Petitioner discharged...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- 800 injections of Morphine seized from petitioner - Strength of Morphine in each injection not more than 0.2% - Held, no offence made out against petitioner - FIR and subsequent proceedings arising therefrom quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21,22, Narcotic Drugs and Psychotropic Substances Rules, 1985 -- Recovery of Nitrazepam and Buprenorphene Hydrochloride drugs - Both these drugs do not find place in Schedule I appended to the NDPS Rules - Petitioner stands discharged...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 injections of G-Norphine and 1000 tablets of Phenotil without valid licence - As per report of FSL Diphenoxylate Hydrochloride (2.5 mg), Atrophine sulphate (0.025) and Buprenorphine (0.29) were found in injections and tablets - Diphenoxylate not more than 2.5 mg. - Quantity of atrophine..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of 3 Kg. of smack - Challan when not filed within period stipulated, accused gets an indefeasible right to the grant of bail and Court is to grant bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of - Challan not filed within 180 days - Extension of time - Neither any report of Public Prosecutor indicating progress of investigation nor any specific reason for detention of accused beyond period of 180 days given - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Chemical analysis - Second report - First sample properly drawn, sealed and sent for examination - A vague allegation made in application that negative report came into existence on account of connivance of accused with Chemical Examiner - There is no material to show before Court that there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.570 gms of opium - Accused in custody for almost three months - Quantity slightly more than permissible limit - Petitioner having no criminal history - Bail granted...........
