January 2020

NDPS–Bail– Commercial Quantity-Recovery of 22.5 kgs of Ganja which is marginally above its commercial quantity which is more than 20 kgs-Without commenting on merits, bail granted

By | January 13th, 2020|Bail - Narcotics|

Comments Off on NDPS–Bail– Commercial Quantity-Recovery of 22.5 kgs of Ganja which is marginally above its commercial quantity which is more than 20 kgs-Without commenting on merits, bail granted

Narcotics—Disposal of seized contraband—Taking of Sample by Magistrate- -After Seizure of contraband an application for drawing of a sample and certification thereof, by Magistrate is mandatory Narcotics—Bail—Disposal of seized contraband—Samples were to be drawn by Magistrate where not seen by him—Petitioner held entitled to bail

By | January 13th, 2020|Bail - Narcotics|

Comments Off on Narcotics—Disposal of seized contraband—Taking of Sample by Magistrate- -After Seizure of contraband an application for drawing of a sample and certification thereof, by Magistrate is mandatory Narcotics—Bail—Disposal of seized contraband—Samples were to be drawn by Magistrate where not seen by him—Petitioner held entitled to bail

December 2019

Bail–NDPS- -Recovery from co-accused–There is no recovery effected from the petitioner rather the same was, concededly, effected from the co- accused from a cloth tied on his waist—Bail granted

By | December 22nd, 2019|Bail - Narcotics|

Comments Off on Bail–NDPS- -Recovery from co-accused–There is no recovery effected from the petitioner rather the same was, concededly, effected from the co- accused from a cloth tied on his waist—Bail granted

Anticipatory Bail- -NDPS-Recovery of 1 kg of opium from three persons who named petitioner as their supplier-Petitioner was not arrested at the spot and has been nominated as an accused on the basis of disclosure statement of co-accused, the admissibility and veracity of which is yet to be tested-Bail granted

By | December 16th, 2019|Bail - Narcotics|

Comments Off on Anticipatory Bail- -NDPS-Recovery of 1 kg of opium from three persons who named petitioner as their supplier-Petitioner was not arrested at the spot and has been nominated as an accused on the basis of disclosure statement of co-accused, the admissibility and veracity of which is yet to be tested-Bail granted

Bail-NDPS- Recovery of 4.2 kgs of “ganja patti”-Even if the recovered contraband is taken to be ‘ganja’, still the same would fall within intermediate quantity being less than 20 kgs.-Bail granted-

By | December 16th, 2019|Bail - Narcotics|

Comments Off on Bail-NDPS- Recovery of 4.2 kgs of “ganja patti”-Even if the recovered contraband is taken to be ‘ganja’, still the same would fall within intermediate quantity being less than 20 kgs.-Bail granted-

Bail- NDPS-Conscious Possession—Recovery of 260 grams of heroin from the dashboard of the car—Petitioner was neither owner of the car nor was driving the case and was merely occupant of the car-Debatable question as to whether petitioner can be attributed conscious possession of contraband-Bail granted

By | December 9th, 2019|Bail - Narcotics|

Comments Off on Bail- NDPS-Conscious Possession—Recovery of 260 grams of heroin from the dashboard of the car—Petitioner was neither owner of the car nor was driving the case and was merely occupant of the car-Debatable question as to whether petitioner can be attributed conscious possession of contraband-Bail granted

November 2019

Bail–NDPS- Commercial Quantity-Recovery of 15 injections of Buprenorphine 2 ml each—Petitioner is in custody for 7 months and 21 days—Co-accused is already on bail-Without commenting on merits; bail granted-

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

Comments Off on Bail–NDPS- Commercial Quantity-Recovery of 15 injections of Buprenorphine 2 ml each—Petitioner is in custody for 7 months and 21 days—Co-accused is already on bail-Without commenting on merits; bail granted-

Bail-NDPS- Recovery of 8.7 gram heroin and 13 injections of Buprenorphine each containing 2 ml totaling 26 mi-Contention that as per FSL report each injection contained only 0.3 mg of schedule drug and total quantity would not fall in commercial quantity-Without commenting on merits, bail granted-

By | November 21st, 2019|Bail - Narcotics|

Comments Off on Bail-NDPS- Recovery of 8.7 gram heroin and 13 injections of Buprenorphine each containing 2 ml totaling 26 mi-Contention that as per FSL report each injection contained only 0.3 mg of schedule drug and total quantity would not fall in commercial quantity-Without commenting on merits, bail granted-

Bail- NDPS—Commercial Quantity-Conscious Possession—Recovery made from underneath the seat of driver-Petitioner was mere occupant of same vehicle- -Held; It is debatable as to whether the petitioner was in conscious possession of the narcotic or not-Trial to take time-Bail granted-

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

Comments Off on Bail- NDPS—Commercial Quantity-Conscious Possession—Recovery made from underneath the seat of driver-Petitioner was mere occupant of same vehicle- -Held; It is debatable as to whether the petitioner was in conscious possession of the narcotic or not-Trial to take time-Bail granted-

-Bail-NDPS- Commercial Quantity-Recovery of 5.5 grams of Diphenoxylate which is marginally above commercial quantity and petitioner had earlier jumped bail also-Without commenting on merits bail granted

By | November 17th, 2019|Bail - Narcotics|

Comments Off on -Bail-NDPS- Commercial Quantity-Recovery of 5.5 grams of Diphenoxylate which is marginally above commercial quantity and petitioner had earlier jumped bail also-Without commenting on merits bail granted

Bail- NDPS-Commercial Quantity-Recovery of two bags of 35 kgs each of poppy husk which is marginally above the commercial quantity-Petitioner in custody for about 8 months-Without commenting of merits bail granted-

By | November 17th, 2019|Bail - Narcotics|

Comments Off on Bail- NDPS-Commercial Quantity-Recovery of two bags of 35 kgs each of poppy husk which is marginally above the commercial quantity-Petitioner in custody for about 8 months-Without commenting of merits bail granted-

Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

By | November 17th, 2019|Bail - Narcotics|

Comments Off on Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

By | November 15th, 2019|Bail - Narcotics|

Comments Off on Bail-NDPS- Commercial Quantity-Recovery of 113 kgs of Ganja from a room which has been locked from last 3 months-Contention that if the room was locked for 3 months it cannot be said that ganja was stocked there by the petitioner who was tenant and was not present there from last 3 months-Petitioner is in custody from 2 months and 24 days-Without commenting on merits; bail granted

October 2019

Bail–NDPS- Recovery of 6.5 kgs of poppy husk–Out of 15 only 2 witnesses have been examined till date-Keeping in view, the nature and quantity of contraband recovered and the fact that one challan has already been presented; bail granted

By | October 11th, 2019|Bail - Narcotics|

Comments Off on Bail–NDPS- Recovery of 6.5 kgs of poppy husk–Out of 15 only 2 witnesses have been examined till date-Keeping in view, the nature and quantity of contraband recovered and the fact that one challan has already been presented; bail granted

Bail–NDPS– Petitioner is in custody for more than six months—Examination of prosecution witnesses has not yet started—Bail granted

By | October 2nd, 2019|Bail - Narcotics|

Comments Off on Bail–NDPS– Petitioner is in custody for more than six months—Examination of prosecution witnesses has not yet started—Bail granted

Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

By | October 2nd, 2019|Bail - Narcotics|

Comments Off on Narcotics—Bail—Canter truck full of poppy husk recovered—Argument for the State that there is heavy recovery, therefore, the petitioner cannot possibly be falsely implicated; is totally irrelevant—Bail granted

BAIL GRANTED – Bail—Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

By | October 2nd, 2019|Bail - Narcotics|

Comments Off on BAIL GRANTED – Bail—Commercial Quantity—NDPS—Recovery of 12 injections of Buprenarphine Hydrochloride and 13 injections of Pheniramine Maleate—Injections of Pheniramine Maleate are not prohibited substance under the NDPS Act—Actual quantity of the prohibited substance in the injections is less than the commercial quantity

July 2019

Bail–NDPS–Heavy Recovery-Recovery of 1.5 kgs of heroin-Petitioner was involved on basis of disclosure statement of main accused—Petitioner was not travelling in the bus from where the alleged contraband was recovered-Recovery was made from possession of main accused-Petitioner is in custody from about last 14 months- -Trial to take time-Bail granted

By | July 29th, 2019|Bail - Narcotics|

Comments Off on Bail–NDPS–Heavy Recovery-Recovery of 1.5 kgs of heroin-Petitioner was involved on basis of disclosure statement of main accused—Petitioner was not travelling in the bus from where the alleged contraband was recovered-Recovery was made from possession of main accused-Petitioner is in custody from about last 14 months- -Trial to take time-Bail granted

-Bail—NDPS– Conscious Possession—Recovery of 30 vials of onerex containing 100 ml each and 30 strips of carisoma, 10 tablets each were effected from a polythene bag which was hanging on motorcycle driven by petitioner—Submission that it is debatable whether the petitioner is having conscious possession of the alleged contraband—Keeping in view that petitioner is in custody from about last 8 months, without commenting on merits, bail granted

By | July 29th, 2019|Bail - Narcotics|

Comments Off on -Bail—NDPS– Conscious Possession—Recovery of 30 vials of onerex containing 100 ml each and 30 strips of carisoma, 10 tablets each were effected from a polythene bag which was hanging on motorcycle driven by petitioner—Submission that it is debatable whether the petitioner is having conscious possession of the alleged contraband—Keeping in view that petitioner is in custody from about last 8 months, without commenting on merits, bail granted

Bail–NDPS– Proclaimed Offender-Recovery of 35 kgs of poppy husk-Petitioner also involved in another case for recovery of non-commercial quantity-Petitioner was declared proclaimed offender-Keeping in view that, petitioner is in custody for last 5 months and 12 days; without commenting on merits, bail granted

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

Comments Off on Bail–NDPS– Proclaimed Offender-Recovery of 35 kgs of poppy husk-Petitioner also involved in another case for recovery of non-commercial quantity-Petitioner was declared proclaimed offender-Keeping in view that, petitioner is in custody for last 5 months and 12 days; without commenting on merits, bail granted