Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), (ii), Criminal Procedure Code, 1973, Section 439 -- Pre-requisities to grant bail u/s 37 of NDPS Act - S.37 of NDPS Act casts duty upon the Court to satisfy itself that there are reasonable grounds for believing that (a) petitioner is not guilty of that offence; (b) petitioner is not likely to commit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), (ii), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Prima-facie, Court recorded that petitioner is not involved in present case and that earlier also petitioner was involved in a false case - Further Court believe that petitioner would not, in all likelihood, commit any offence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Allegation of unauthorized use of premises for manufacturing psychotropic substance - No evidence except statement of co-accused, suggestive of fact that accused who rented his premises, had knowledge about illegal activities of co-accused - More so,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Provisions of S.37 of NDPS Act, overrides provisions under Cr.P.C with regard to grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 66, Criminal Procedure Code, 1973, Section 439 -- Recovery of more than 100 gms of Alprazolam - Recovery falls within ambit of commercial quantity of recovered substance - Petitioner thus, not entitled to benefit of S.37 of Act, irrespective of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Provision of S.37 of the Act overrides the provision of bail u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 59 gms of buprenorphine - Recovery effected from accused falls within commercial quantity of contraband - Provision of S.37 of the Act comes into play - Although accused intends to take shelter of R.66(2) of Rules, but he has taken a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2), 37 -- Recovery of 93.900 kg cannabis - Bail - Non-compliance of S.42(2) of the Act - At the stage of granting bail, presence of Gazetted Officer at the time of seizure and recovery of articles and subsequent arrest of accused, amounts to substantial compliance of S.42(2) of the Act, if not for literal..........
