FSL report must be obtained on priority, preferably within 60 days: Rajasthan High Court grants bail
“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”
Commercial quantity
‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case
“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”
Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused
In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.
‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail
There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.
“Drug Addicts are added burden to law-abiding population”; Rajasthan High Court denies bail due to risk of re-offending
“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”
NDPS Act | Know why Bombay High Court granted bail for commercial quantity of Tramadol
Bombay High Court was convinced of the applicant making out a case to believe that he may not have been found in conscious possession of the narcotic substance.
Weight of carriers like towels, bedsheets cannot be included to determine small/commercial quantity of contraband: Delhi HC
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
Flowering tops dried with seeds not ganja? Punjab and Haryana High Court explains
For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.
Search after sunset, unexplained; Bombay High Court grants bail in NDPS case involving commercial quantity of ganja
“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”
No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC
A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.
Confessional statements should lead to discovery of ‘fact’; Delhi High Court grants bail to the accused under the NDPS Act
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
Karnataka High Court | Bhang not a prohibitory drink or drug under NDPS Act, not to be included with Ganja to measure commercial quantity
Karnataka High Court: In a case where the applicant-accused seeks bail on being apprehended by police, having possession of Ganja and Bhang
Gujarat High Court denies bail to a 66 year old over recovery of poppy straw in commercial quantity from his property
Gujarat High Court: S.H. Vora, J. rejected a bail application filed in relation to the FIR registered for the offence punishable under
P&H HC| Violation of mandatory provision of Section 42 of the NDPS Act entitles accused to bail even if the recovery is of commercial quantity of contraband
Punajb and Haryana High Court: In a petition filed under section 439 CrPC for grant of regular bail under Sections 22, 25,
P&H HC | State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking
Punjab and Haryana High Court: Expressing that, State of Punjab which was known as one of the prosperous States is now at
[NDPS] Bom HC | Will the weight of paper containing dried LSD drops of LSD solution be counted while determining its quantity? HC explains
Bombay High Court: Sandeep K. Shinde, J., granted bail to a person from whom LSD drops of LSD solution and charas was recovered
Person accused of transacting commercial quantity of drug denied bail in view of serious allegations under NDPS Act: Kerala HC
Kerala High Court: A Single Judge Bench comprising of Sunil Thomas, J. refused enlargement on bail of a person accused of transacting