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Documents citing Rafael Palafox Garcia vs The Union Of India on 25 September, 2008

Wasim Akram @ Raja Khan S/O. Abdul Kadir ... vs State Of Mah. Thr. Pso, Darwha, Ps ... on 3 July, 2024

In the precise context of cases under the N.D.P.S. Act, there is a long line of decisions delivered by the learned Single Judge of this Court in Suwarnkar (Supra), Rafel Garcia (Supra), Aleksander Kurgaonkar (Supra), Shrihari Valse (Supra) and Sheikh Shabir (Supra), that had taken a view that a charge-sheet unaccompanied by C.A./F.S.L. report is not complete and, therefore, where the same is filed within prescribed period, the accused cannot insist on default bail. This decision reflects the legal position correctly, and, therefore, the Court endorses them. (xviii) The contention that a Magistrate or the Special Court, in any N.D.P.S. .....45/-
Bombay High Court Cites 70 - Cited by 0 - Full Document

Syed Irshad Syed Gaus vs State Of Mah. Thr. Pso, Ps, Darwha, Tah. ... on 3 July, 2024

In the precise context of cases under the N.D.P.S. Act, there is a long line of decisions delivered by the learned Single Judge of this Court in Suwarnkar (Supra), Rafel Garcia (Supra), Aleksander Kurgaonkar (Supra), Shrihari Valse (Supra) and Sheikh Shabir (Supra), that had taken a view that a charge-sheet unaccompanied by C.A./F.S.L. report is not complete and, therefore, where the same is filed within prescribed period, the accused cannot insist on default bail. This decision reflects the legal position correctly, and, therefore, the Court endorses them. (xviii) The contention that a Magistrate or the Special Court, in any N.D.P.S. .....45/-
Bombay High Court Cites 70 - Cited by 0 - Full Document

Yunus Khan Amir Khan Poswal vs State Of Mah. Thr. Pso, Ps Darwha, Tah. ... on 3 July, 2024

In the precise context of cases under the N.D.P.S. Act, there is a long line of decisions delivered by the learned Single Judge of this Court in Suwarnkar (Supra), Rafel Garcia (Supra), Aleksander Kurgaonkar (Supra), Shrihari Valse (Supra) and Sheikh Shabir (Supra), that had taken a view that a charge-sheet unaccompanied by C.A./F.S.L. report is not complete and, therefore, where the same is filed within prescribed period, the accused cannot insist on default bail. This decision reflects the legal position correctly, and, therefore, the Court endorses them. (xviii) The contention that a Magistrate or the Special Court, in any N.D.P.S. .....45/-
Bombay High Court Cites 70 - Cited by 0 - Full Document

Yerragudi Suryanarayana Reddy vs The Senior Intelligence Officer ... on 12 June, 2017

In support of that submission the learned counsel for the petitioner has relied upon the decision of the Bombay High Court in Rafael Palafox Garcia vs. Union of India and Another 2009 KHC 5335. In that case 290 Kg of Pseudo Ephedrine, which is a controlled substance was seized. It was held that the concept of 'commercial quantity' does not apply to 'controlled substances' as per section 37(1)(b) of the Act. As has been said earlier, section 37(1)(b) itself is clear that it applies only to offences under Sections 19, 24, 27A and offences involving 'commercial quantity'. The concept of commercial quantity is alien to 'controlled substances' Therefore, there can be no doubt that section 37(1)(b) is not applicable to the facts of this case.
Andhra HC (Pre-Telangana) Cites 24 - Cited by 0 - U D Rao - Full Document

Kailash Rajput vs Intelligence Officer And Anr on 9 February, 2015

Obviously, the prayer for bail was based on the fact that no cognizance of the alleged offences could be taken on the strength of the material before the Court which did not include a C.A. Report, and that therefore, though a complaint had been filed, actually the investigation was incomplete. The prayer for bail was turned down only because of the claim of the analysis done by Field Testing Kit having revealed presence of Methaqualone in the substance in question. Reliance was placed on the decision of this Court in Rafael Palafox Garcia Vs Union of India (supra) in support of this proposition. However, that the result of the Field Testing Kit which would be comparatively a cruder test was not supported by the analysis done by the Dy.C.C, was suppressed by giving an impression that the report of Dy.C.C was 'inconclusive'.
Bombay High Court Cites 12 - Cited by 0 - A Thipsay - Full Document

Shailesh Kanada vs Intelligence Officer And Anr on 9 February, 2015

Obviously, the prayer for bail was based on the fact that no cognizance of the alleged offences could be taken on the strength of the material before the Court which did not include a C.A. Report, and that therefore, though a complaint had been filed, actually the investigation was incomplete. The prayer for bail was turned down only because of the claim of the analysis done by Field Testing Kit having revealed presence of Methaqualone in the substance in question. Reliance was placed on the decision of this Court in Rafael Palafox Garcia Vs Union of India (supra) in support of this proposition. However, that the result of the Field Testing Kit which would be comparatively a cruder test was not supported by the analysis done by the Dy.C.C, was suppressed by giving an impression that the report of Dy.C.C was 'inconclusive'.
Bombay High Court Cites 12 - Cited by 0 - A Thipsay - Full Document

Babasaheb Shankar Dhotre vs The State Of Maharashtra on 24 March, 2021

It is held by this Court in a catena of decisions that, the controlled substance is neither a narcotic drug nor a psychotropic substance and therefore, no commercial quantity or otherwise is provided for the controlled substance. It is also held that, as far as controlled substance is 10/13 ::: Uploaded on - 25/03/2021 ::: Downloaded on - 25/03/2021 22:58:41 ::: 1-cri.ba.980.2017 group.doc concerned, there is no categorization of small or commercial quantity. It is further held in the case of Rafael Palafox Garcia Vs. The Union of India & Another (Criminal Application No. 2015 of 2008) dated 25 th September 2008, that a controlled substance is not necessary to be used only to make narcotic or psychotropic substance but it is a versatile substance which can be used in manufacturing of various things including innocuous medicines by the pharmaceutical industry.
Bombay High Court Cites 16 - Cited by 0 - A S Gadkari - Full Document

Jay Yogeshwar @ Yogesh Dagu @ Dattu ... vs The State Of Maharashtra on 8 April, 2021

9 BA 318-2021, 149-2021 sheet itself is incomplete and such charge-sheet cannot be said to be a charge-sheet as contemplated under Section 173 (5) of the Criminal Procedure Code so as to enable the Magistrate (herein the Special Judge under 'NDPS Act') to take cognizance of the ofence and, therefore, on this ground also applicant Jay Yogeshwar @ Yogesh Dagu @ Dattu Gaikwad deserves to be released on bail. Here note of another decision by this Court is also required to be taken which is in Rafael Palafox Garcia v. Union of India and Another, reported in 2009 (1) Bom.C.R. (Cri.) 411 : 2008 (6) AIR Bom R 709 . In this case also Chemical Analysis report was not fled along with the charge-sheet and the stand that was taken that since the Chemical Analysis report was fled much after 90 days period, the applicant was entitled for the default bail, but the facts in that case were slightly diferent. At the time of seizure of the contraband, the raiding party had taken help of a feld test kit and the substance was tested on that feld kit which showed positive results, and it was held by this Court that that material on record was sufcient for the Court to take cognizance as at the stage of cognizance only prima facie facts are required to be considered. Here in this case, the entire charge-sheet would show that no such feld test kit was with the raiding party and there was no testing on the same. It is stated ::: Uploaded on - 09/04/2021 ::: Downloaded on - 06/09/2021 00:39:29 ::: 10 BA 318-2021, 149-2021 that only on the basis of smell the informant and the raiding party could come to the conclusion that the said substance is 'Ganja'.
Bombay High Court Cites 18 - Cited by 0 - V V Kankanwadi - Full Document

Lakhan Deepak Jedhe vs The State Of Maharashtra on 8 April, 2021

9 BA 318-2021, 149-2021 sheet itself is incomplete and such charge-sheet cannot be said to be a charge-sheet as contemplated under Section 173 (5) of the Criminal Procedure Code so as to enable the Magistrate (herein the Special Judge under 'NDPS Act') to take cognizance of the ofence and, therefore, on this ground also applicant Jay Yogeshwar @ Yogesh Dagu @ Dattu Gaikwad deserves to be released on bail. Here note of another decision by this Court is also required to be taken which is in Rafael Palafox Garcia v. Union of India and Another, reported in 2009 (1) Bom.C.R. (Cri.) 411 : 2008 (6) AIR Bom R 709 . In this case also Chemical Analysis report was not fled along with the charge-sheet and the stand that was taken that since the Chemical Analysis report was fled much after 90 days period, the applicant was entitled for the default bail, but the facts in that case were slightly diferent. At the time of seizure of the contraband, the raiding party had taken help of a feld test kit and the substance was tested on that feld kit which showed positive results, and it was held by this Court that that material on record was sufcient for the Court to take cognizance as at the stage of cognizance only prima facie facts are required to be considered. Here in this case, the entire charge-sheet would show that no such feld test kit was with the raiding party and there was no testing on the same. It is stated ::: Uploaded on - 09/04/2021 ::: Downloaded on - 06/09/2021 00:39:24 ::: 10 BA 318-2021, 149-2021 that only on the basis of smell the informant and the raiding party could come to the conclusion that the said substance is 'Ganja'.
Bombay High Court Cites 18 - Cited by 2 - V V Kankanwadi - Full Document
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