May 2019

Bail–NDPS-Conscious possession-Intermediate Quantity-Recovery of 700 tablets (less than commercial quantity) of Diphenoxylate Hydrochloride containing 44 grams of prohibited substance—Debatable question whether each of two accused can be attributed with conscious possession of 700 tablets-­Petitioner is in custody from last 11 months—Bail granted

By | May 24th, 2019|Bail - Narcotics|

Comments Off on Bail–NDPS-Conscious possession-Intermediate Quantity-Recovery of 700 tablets (less than commercial quantity) of Diphenoxylate Hydrochloride containing 44 grams of prohibited substance—Debatable question whether each of two accused can be attributed with conscious possession of 700 tablets-­Petitioner is in custody from last 11 months—Bail granted

Bail–NDPS~ Recovery of 190 injections of containing prohibited substance Buprenorphine Hydroeleride—However, as per the manufacturer details, the quantity of the prohibited substance in the entire recovery comes only to be 0.114 grams which is even less than small quantity prescribed for the substance—Without commenting on merits, bail granted

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

Comments Off on Bail–NDPS~ Recovery of 190 injections of containing prohibited substance Buprenorphine Hydroeleride—However, as per the manufacturer details, the quantity of the prohibited substance in the entire recovery comes only to be 0.114 grams which is even less than small quantity prescribed for the substance—Without commenting on merits, bail granted

Bail–NDPS– Recovery of 750 tablets containing the prohibited substance/Tramodol Hydrochloride-Actual quantity of prohibited substance found is only 73 grams- -Petitioner is not required for any investigation purpose–Without commenting on merits, bail granted

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

Comments Off on Bail–NDPS– Recovery of 750 tablets containing the prohibited substance/Tramodol Hydrochloride-Actual quantity of prohibited substance found is only 73 grams- -Petitioner is not required for any investigation purpose–Without commenting on merits, bail granted

Bail- -NDPS—Conscious Possession-Petitioner was driving motorcycle and co- accused was pillion rider holding a plastic bag from which contraband was received-Contention that it will be a debatable issue during the course of trial whether the petitioner was in conscious possession of the alleged contraband or not-Co-accused has already been granted bail—Petitioner is in custody for last 3 months and 3 days-Bail granted

By | May 12th, 2019|Bail - Narcotics|

Comments Off on Bail- -NDPS—Conscious Possession-Petitioner was driving motorcycle and co- accused was pillion rider holding a plastic bag from which contraband was received-Contention that it will be a debatable issue during the course of trial whether the petitioner was in conscious possession of the alleged contraband or not-Co-accused has already been granted bail—Petitioner is in custody for last 3 months and 3 days-Bail granted

April 2019

Narcotic Drugs and Psychotropic Substances Act, 1985, S.20 and S.42- -Bail–NDPS–Accused person were apprehended during Nakabandi– Secret information was not recorded in writing and was not sent to police station for registration of FIR–Bail granted

By | April 13th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.20 and S.42- -Bail–NDPS–Accused person were apprehended during Nakabandi– Secret information was not recorded in writing and was not sent to police station for registration of FIR–Bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search–Bail–Investigating officer himself gave notice and after obtaining consent, he himself conducted the search of petitioner and without calling a second investigating officer conducted further investigation—Without commenting on merits bail granted

By | April 12th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search–Bail–Investigating officer himself gave notice and after obtaining consent, he himself conducted the search of petitioner and without calling a second investigating officer conducted further investigation—Without commenting on merits bail granted

Narcotic Drugs and Psychotropic Substances Act, 1985, S.36-A-Statutory Bail—Commercial Quantity-Extension of time for filing charge sheet-­ Merely because report of chemical examiner/FSL is awaited and investigation of other persons arrested during interim period is to be affected is not a ground for detention of petitioner beyond the period of 180 days

By | April 12th, 2019|Bail - Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.36-A-Statutory Bail—Commercial Quantity-Extension of time for filing charge sheet-­ Merely because report of chemical examiner/FSL is awaited and investigation of other persons arrested during interim period is to be affected is not a ground for detention of petitioner beyond the period of 180 days

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