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1 - 10 of 19 (0.44 seconds)Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 22 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Guru Ghasidas Mandir Samiti vs Jeevan Das 40 Fa/280/2018 Smt. Vimla ... on 9 May, 2018
2. Relies upon the decision of this Court in Lakhwinder Singh alias
Lakha vs. State of Punjab (CRM-M No.8026 of 2020) and of Co-
ordinate Benches in Binder Kaur alias Goga vs. State of Punjab
(CRM-M No.4584 of 2020) and Mandir Singh vs. State of Punjab
(CRM-M No.8035 of 2019) to contend that a person engaged in the
trade of contraband would never be expected to carry the same in
any transparent bag which would be visible to the naked eyes.
Deepinder Singh Alias Goga vs State Of Punjab on 20 January, 2020
2. Ld. Counsel for the Petitioner relies on a decision of a Co-
ordinate Bench of this Court in 'CRM-M No.4584 of 2020 - Binder
Kaur alias Goga vs. State of Punjab', to contend that it is
unbelievable that a person engaged in the business of Drug
Smuggling, will carry the contraband in a transparent Bag. The
applicant, in the aforesaid case, in the given circumstances,
considering that she was not involved in any other case under the
NDPS Act and challan against her had already been submitted,
was therefore released on bail by the Bench after she had
remained in detention for 02 months and 27 days.
Dheeren Kumar Jaina vs Union Of India on 7 September, 2021
In Criminal Appeal No.965
of 2021 titled as Dheeren Kumar Jaina v. Union of India, the Hon'ble
Supreme Court in a case where allegation in the chargesheet was with
respect to 120 kg of contraband i.e. "ganja", thus, being of commercial
quantity, was pleased to grant bail after setting aside the order of the High
Court where the said application for grant of regular bail had been rejected.
Ankush Kumar @ Sonu vs State Of Punjab on 9 August, 2018
A co-ordinate Bench of this Court in a detailed judgment titled
as Ankush Kumar @ Sonu v. State of Punjab reported as 2018 (4) RCR
(Criminal) 84, had considered the provision of Section 37 of the Act of
1985 in extenso and had granted bail in a case which involved commercial
quantity. The relevant portion of the said judgment is reproduced as under:
Narcotic Control Bureau vs Vipan Sood on 24 August, 2021
Further, vide order dated 25.02.2021 in CRM-M-20177-2020, a
Co-ordinate Bench of this Court granted regular bail to an accused who was
involved in a case wherein recovery was of 3.8 kgs of "charas" (commercial
quantity) after being in custody for 1 year and 7 months. The said order was
upheld by the Hon'ble Supreme Court vide order dated 24.08.2021 in a
Petition for Special Leave to Appeal (Crl.) No.5852/2021 titled as
"Narcotic Control Bureau v. Vipan Sood and another".
Amit Singh Moni vs The State Of Himachal Pradesh on 12 October, 2020
The Hon'ble Supreme Court of India vide order dated
12.10.2020 passed in Criminal Appeal No.668 of 2020 titled as "Amit
Singh @ Moni v. Himachal Pradesh" was pleased to grant regular bail in a
case involving 3 kg and 800 grams of "charas" primarily on the ground of
substantial custody and also, the fact that the trial would likely take time to
conclude.
Mukarram Hussain vs State Of Rajasthan on 16 August, 2021
In Criminal Appeal No.827 of 2021 titled as Mukarram
Hussain v. State of Rajasthan and another, the Hon'ble Apex Court vide
judgment dated 16.8.2021 was also pleased to grant bail wherein the
quantity of the contraband was commercial in nature.