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1 - 7 of 7 (0.18 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 29 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Hira Singh And Another vs Union Of India And Another on 23 August, 2018
5. Learned A.P.P. for the State has vehemently
opposed the bail petition of the petitioner and submitted that the
said recovery has been made from the possession of the
petitioner. The petitioner has no any valid authorization for
keeping the same. Learned counsel has further placed reliance
on the judgment in the case of Hira Singh and Anr. Vs. Union
of India and Anr, (2020)20 Supreme Court Cases 272 of
Patna High Court CR. MISC. No.49732 of 2025(4) dt.02-09-2025
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Hon'ble Apex Court has held that "weight of entire materials/
mixture along with neutral material is to be considered for
ascertainment of whether the quantity is "small quantity" or
"commercial quantity". The act of the petitioner amounts to
clear violation of section 8 of the N.D.P.S. Act as it clearly
prohibits possession of narcotic substance except medical and
scientific purposes.
Narcotics Control Bureau vs Mohit Agarwal on 19 July, 2022
7. If either of these two conditions is not satisfied, the
bar operates and the accused cannot be released on bail. The
Court is of the opinion that the parameters of bail available
under Section 37 of the Act have not satisfied in the facts of the
instant case. The Hon'ble Supreme Court in the case of
Narcotics Control Bureau v. Mohit Aggarwal 2022 SCC
OnLine SC 891 has held that "The length of the period of his
custody or the fact that the charge-sheet has been filed and the
trial has commenced are by themselves not considerations that
Patna High Court CR. MISC. No.49732 of 2025(4) dt.02-09-2025
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can be treated as persuasive grounds for granting relief to the
respondent under Section 37 of the N.D.P.S. Act."
Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 35 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
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