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 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..........
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..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 25A, 29 -- Default bail - Offence u/ss 8(c), 22(c), 23(c), 25-A, 29 of NDPS Act - Accused exercised his option to obtain bail on 181st day of his arrest - Public prosecutor had not filed any application seeking extension of time to investigate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 22(b), 22(c) -- Bail - Contraband - Secret information - Police officer received a report about likelihood of offences under NDPS Act being committed - Informant only suspected possession of contraband substances regarding which no FIR could be registered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 8.38 gms heroin and 706.200 gms capsules - Recovery of heroine effected from vehicle occupied by four accused which fell under intermediate quantity - However, weight of recovered capsules exceed 250 gms notified as commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Contraband - Application for anticipatory bail of an offence under NDPS Act involving commercial quantity, is not barred under any of the provisions of NDPS Act - However, restrictions u/s 37(1)(b) of the Act in granting bail to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Offence u/s 22(c) of the Act - In order to attract S.22(c) of the Act, it is not always necessary that contraband substance was in actual possession of accused - Manufacture, sale, purchase, import, export and use of psychotropic substance without authority would also attract the offence...........
