March 2019

Bail-Habitual Offender- NDPS-Petitioner is involved in 3 more cases under NDPS Act- -Keeping in view that petitioner was not present at the place of occurrence and was not arrested; he is on bail in two cases except the present one; and it would be a symbolic release as the petitioner is undergoing sentence in other case and would be released only after suspension of his sentence in that case—Bail granted in present case

By | March 20th, 2019|Bail - Narcotics|

Comments Off on Bail-Habitual Offender- NDPS-Petitioner is involved in 3 more cases under NDPS Act- -Keeping in view that petitioner was not present at the place of occurrence and was not arrested; he is on bail in two cases except the present one; and it would be a symbolic release as the petitioner is undergoing sentence in other case and would be released only after suspension of his sentence in that case—Bail granted in present case

Bail–Habitual Offender–NDPS–Petitioner has been acquitted in one case and is on bail in another case under NDPS Act—In present case, submission that no independent witness was joined and form No.29 was not filed up at the spot—Without commenting on merits and keeping in view that petitioner is in custody from last about 21 months, bail granted

By | March 19th, 2019|Bail - Narcotics|

Comments Off on Bail–Habitual Offender–NDPS–Petitioner has been acquitted in one case and is on bail in another case under NDPS Act—In present case, submission that no independent witness was joined and form No.29 was not filed up at the spot—Without commenting on merits and keeping in view that petitioner is in custody from last about 21 months, bail granted

Bail–Habitual Offender-Commercial Quantity–NDPS–Keeping in view that petitioner is in custody for more than one year; in three cases including two cases under the NDPS Act, the petitioner is on bail and also the fact that all witnesses are the official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence—Bail granted—

By | March 18th, 2019|Bail - Narcotics|

Comments Off on Bail–Habitual Offender-Commercial Quantity–NDPS–Keeping in view that petitioner is in custody for more than one year; in three cases including two cases under the NDPS Act, the petitioner is on bail and also the fact that all witnesses are the official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence—Bail granted—

Bail–Handing over the seal after use~NDPS~In a other case pending under the NDPS Act against the petitioner, the police official who was member of the raiding party in that case was given the seal used in present case, which is likely to prejudice the interest of the petitioner—Bail granted

By | March 18th, 2019|Bail - Narcotics|

Comments Off on Bail–Handing over the seal after use~NDPS~In a other case pending under the NDPS Act against the petitioner, the police official who was member of the raiding party in that case was given the seal used in present case, which is likely to prejudice the interest of the petitioner—Bail granted

February 2019

Anticipatory Bail–NDPS–Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted

By | February 28th, 2019|Bail - Narcotics|

Comments Off on Anticipatory Bail–NDPS–Non-Commercial Quantity—Recovery of 10 grams of Heroin from co-accused-Petitioner has been nominated on the statement of co-accused that he had purchased the same from the present petitioner—Recovery has already been effected which otherwise falls in non-commercial quantity- -Bail granted

Narcotics—Commercial Quantity—More than 50 grams of recovered salt falls within commercial quantity—Perusal of record nowhere shows that the intoxicating powder has been weighed with digital scale—Bail granted

By | February 27th, 2019|Bail - Narcotics|

Comments Off on Narcotics—Commercial Quantity—More than 50 grams of recovered salt falls within commercial quantity—Perusal of record nowhere shows that the intoxicating powder has been weighed with digital scale—Bail granted

Bail—NDPS— Commercial Quantity—Weighing Scale—Recovery of 60 grams of intoxicant powder which is more than non-commercial quantity of 50 grams—Keeping in view the fact that the powder was not weighed with the help of digital scale, there is every possibility that recovery may have fallen in non-commercial category-There may be error in weighing the powder, if it is weighed with ordinary scale-Bail granted

By | February 23rd, 2019|Bail - Narcotics|

Comments Off on Bail—NDPS— Commercial Quantity—Weighing Scale—Recovery of 60 grams of intoxicant powder which is more than non-commercial quantity of 50 grams—Keeping in view the fact that the powder was not weighed with the help of digital scale, there is every possibility that recovery may have fallen in non-commercial category-There may be error in weighing the powder, if it is weighed with ordinary scale-Bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 and S.21—Bail— Huge Recovery—NDPS—Recovery of 143 kgs of poppy husk from truck— Petitioner is in custody for more than 1 year and 4 months—Out of 16 prosecution witnesses only 4 have been examined so far—All the witnesses are official witness—No other case under NDPS Act pending—Bail granted

By | February 8th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 and S.21—Bail— Huge Recovery—NDPS—Recovery of 143 kgs of poppy husk from truck— Petitioner is in custody for more than 1 year and 4 months—Out of 16 prosecution witnesses only 4 have been examined so far—All the witnesses are official witness—No other case under NDPS Act pending—Bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.22 & S.50—Bail— Personal Search-At the time of personal search, neither any Gazetted Officer nor Magistrate was present, meaning thereby, the search was not conducted in presence of either of the officers; no independent witness was joined at the time of alleged recovery—Bail granted

By | February 5th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.22 & S.50—Bail— Personal Search-At the time of personal search, neither any Gazetted Officer nor Magistrate was present, meaning thereby, the search was not conducted in presence of either of the officers; no independent witness was joined at the time of alleged recovery—Bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.18—Bail—Commercial Quantity— Recovery of 2.8 kgs of opium which is marginally higher than commercial quantity of 2.5 kgs—Trial to take time—Bail granted

By | February 5th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.18—Bail—Commercial Quantity— Recovery of 2.8 kgs of opium which is marginally higher than commercial quantity of 2.5 kgs—Trial to take time—Bail granted

Bail—Commercial Quantity—NDPS-Alleged recovery is 52 kgs. of poppy husk, which includes the weight of the bag—After excluding weight of the bag, weight of the contraband comes to about 50 kgs, which is non-commercial quantity—Trial to take longtime—Bail granted

By | February 5th, 2019|Bail - Narcotics|

Comments Off on Bail—Commercial Quantity—NDPS-Alleged recovery is 52 kgs. of poppy husk, which includes the weight of the bag—After excluding weight of the bag, weight of the contraband comes to about 50 kgs, which is non-commercial quantity—Trial to take longtime—Bail granted

November 2018

October 2018

September 2018

Bail–NDPS-Recovery of 20 grams of Smack from six other co-accused—Petitioner was nominated as accused on statement of co-accused—Petitioner is involved in other 5 FIRs under NDPS Act—Held; In earlier three cases recovery was of non­commercial quantity and in other cases petitioner was roped in on the strength of S.29 of NDPS Act—Challan has been presented and trial is at initial stage and would take time to conclude—Bail granted

By | September 2nd, 2018|Bail - Narcotics|

Comments Off on Bail–NDPS-Recovery of 20 grams of Smack from six other co-accused—Petitioner was nominated as accused on statement of co-accused—Petitioner is involved in other 5 FIRs under NDPS Act—Held; In earlier three cases recovery was of non­commercial quantity and in other cases petitioner was roped in on the strength of S.29 of NDPS Act—Challan has been presented and trial is at initial stage and would take time to conclude—Bail granted

Bail–NDPS– Commercial Quantity—Recovery of 1 gram of heroine more than the non­ commercial quantity of 250 gms-Said weight was inclusive of the envelope as the same was weighed along with contraband-Petitioner is in custody from last 6 months-Without adverting to merits of case, bail granted

By | September 2nd, 2018|Bail - Narcotics|

Comments Off on Bail–NDPS– Commercial Quantity—Recovery of 1 gram of heroine more than the non­ commercial quantity of 250 gms-Said weight was inclusive of the envelope as the same was weighed along with contraband-Petitioner is in custody from last 6 months-Without adverting to merits of case, bail granted

Narcotics Drugs and Psychotropic Substances Act, 1985, S.22–Bail—NDPS-Recovery of tablets of Alprazolam and Etizol–Two contrabands have been involved, the composition of Etizol has not been established in Analyst’s report with reference to weight of the tablets and percentage of contraband, therefore, it would be appropriate to grant bail to the petitioner.

By | September 1st, 2018|Bail - Narcotics|

Comments Off on Narcotics Drugs and Psychotropic Substances Act, 1985, S.22–Bail—NDPS-Recovery of tablets of Alprazolam and Etizol–Two contrabands have been involved, the composition of Etizol has not been established in Analyst’s report with reference to weight of the tablets and percentage of contraband, therefore, it would be appropriate to grant bail to the petitioner.

August 2018

Bail–NDPS–Recovery of 9.5 kgs of poppy husk from petitioner and at time he was accompanied by his wife- -As per custody certificate the petitioner is in custody for more than three months- -He is shown to be involved in another criminal case-Wife and co-accused of the petitioner has since been release on bail—The trial is likely to take some time- Without expressing any opinion on the merits of the case—Bail granted

By | August 31st, 2018|Bail - Narcotics|

Comments Off on Bail–NDPS–Recovery of 9.5 kgs of poppy husk from petitioner and at time he was accompanied by his wife- -As per custody certificate the petitioner is in custody for more than three months- -He is shown to be involved in another criminal case-Wife and co-accused of the petitioner has since been release on bail—The trial is likely to take some time- Without expressing any opinion on the merits of the case—Bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.21 &S.22-B–Bail—NDPS- -Recovery of 1200 tablets of Alprazolam of .05 mgb per tablet from co-accused who is real brother of petitioner, who is a chemist-Fact that no recovery has been effected from the petitioner at the time when he was arrested nor has any recovery been effected from the chemist shop, which is owned and being run by the petitioner-Without expressing any opinion on the merits of the case-Bail granted.           

By | August 16th, 2018|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.21 &S.22-B–Bail—NDPS- -Recovery of 1200 tablets of Alprazolam of .05 mgb per tablet from co-accused who is real brother of petitioner, who is a chemist-Fact that no recovery has been effected from the petitioner at the time when he was arrested nor has any recovery been effected from the chemist shop, which is owned and being run by the petitioner-Without expressing any opinion on the merits of the case-Bail granted.           

July 2018

March 2018