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1 - 10 of 22 (0.23 seconds)Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Ravi Kumar vs State Of Punjab on 4 March, 2005
Learned counsel for the petitioner has submitted that the
petitioner has been in custody since 29.05.2022 and the investigation is
complete and the challan has already been presented and there are 9
witnesses, out of which, none have been examined and thus, the trial is
likely to take time and the petitioner is not involved in any other case. It is
argued that the petitioner was picked up from village Pindi by the police
and false recovery has been planted upon him. It is further argued that there
are several arguable points in the present case including the point that as per
the case of the prosecution, the petitioner had thrown the carry bag on the
ground and had tried to run away. It is contended that in such a situation, it
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CRM-M-32581-2022(O&M) 2
cannot be said that the petitioner was in conscious possession of the
contraband and for the said argument the petitioner has relied upon the
decision of a Coordinate Bench of this Court in CRM-M-16150-2021 dated
19.07.2021 titled as 'Balwinder Singh Vs. State of Punjab', and on
judgment in CRM-M-33733-2020 dated 15.03.2021 titled as 'Manjit Singh
Vs. State of Punjab', alongwith connected matters and also upon a
judgment reported as 2019(4) RCR (Criminal) 714 titled as 'Ravi Kumar
Vs. State of Punjab'. It is argued that it is highly unlikely that a person on
seeing the police party would take out the polythene bag from his pocket
and throw the same on the road and then try to flee from the spot on his
motor cycle. It is stated that apparently, such FIRs are registered by
levelling similar allegations in order to bypass the mandatory compliance of
provisions of Section 50 of the NDPS Act.
Niranjan Kumar @ Kaka vs State Of Punjab on 6 July, 2020
In CRM-M-13662-2020 titled as 'Niranjan Kumar @
Kaka Vs. State of Punjab' decided on 06.07.2020; CRM-M-
14474- 2020 titled as 'Dharminder Singh Vs. State of Punjab'
decided on 24.06.2020; CRM-M-21020-2020 titled as 'Amritpal
Singh Lamberdar Vs. State of Punjab' decided on 11.08.2020;
CRMM6433-2018 titled as 'Pawan Kumar Vs. State of Punjab'
decided on 23.02.2018 and CRM-M-16380-2020 titled as 'Buta
Singh Vs. State of Punjab' decided on 13.08.2020 where recovery
of narcotic/ psychotropic drug /substance was made from bag
allegedly thrown on the road side by the accused, the case was
considered to involve question as to whether the accused could be
said to be in conscious possession thereof and the accused was
granted regular bail.
Dharminder Singh @ Sonu vs State Of Punjab on 31 August, 2013
In CRM-M-13662-2020 titled as 'Niranjan Kumar @
Kaka Vs. State of Punjab' decided on 06.07.2020; CRM-M-
14474- 2020 titled as 'Dharminder Singh Vs. State of Punjab'
decided on 24.06.2020; CRM-M-21020-2020 titled as 'Amritpal
Singh Lamberdar Vs. State of Punjab' decided on 11.08.2020;
CRMM6433-2018 titled as 'Pawan Kumar Vs. State of Punjab'
decided on 23.02.2018 and CRM-M-16380-2020 titled as 'Buta
Singh Vs. State of Punjab' decided on 13.08.2020 where recovery
of narcotic/ psychotropic drug /substance was made from bag
allegedly thrown on the road side by the accused, the case was
considered to involve question as to whether the accused could be
said to be in conscious possession thereof and the accused was
granted regular bail.
Amritpal Singh Lamberdar vs State Of Punjab on 11 August, 2020
In CRM-M-13662-2020 titled as 'Niranjan Kumar @
Kaka Vs. State of Punjab' decided on 06.07.2020; CRM-M-
14474- 2020 titled as 'Dharminder Singh Vs. State of Punjab'
decided on 24.06.2020; CRM-M-21020-2020 titled as 'Amritpal
Singh Lamberdar Vs. State of Punjab' decided on 11.08.2020;
CRMM6433-2018 titled as 'Pawan Kumar Vs. State of Punjab'
decided on 23.02.2018 and CRM-M-16380-2020 titled as 'Buta
Singh Vs. State of Punjab' decided on 13.08.2020 where recovery
of narcotic/ psychotropic drug /substance was made from bag
allegedly thrown on the road side by the accused, the case was
considered to involve question as to whether the accused could be
said to be in conscious possession thereof and the accused was
granted regular bail.
Pawan Kumar Aggarwal vs State Of Punjab & Ors on 11 April, 2016
In CRM-M-13662-2020 titled as 'Niranjan Kumar @
Kaka Vs. State of Punjab' decided on 06.07.2020; CRM-M-
14474- 2020 titled as 'Dharminder Singh Vs. State of Punjab'
decided on 24.06.2020; CRM-M-21020-2020 titled as 'Amritpal
Singh Lamberdar Vs. State of Punjab' decided on 11.08.2020;
CRMM6433-2018 titled as 'Pawan Kumar Vs. State of Punjab'
decided on 23.02.2018 and CRM-M-16380-2020 titled as 'Buta
Singh Vs. State of Punjab' decided on 13.08.2020 where recovery
of narcotic/ psychotropic drug /substance was made from bag
allegedly thrown on the road side by the accused, the case was
considered to involve question as to whether the accused could be
said to be in conscious possession thereof and the accused was
granted regular bail.
Buta Singh vs The State Of Punjab on 26 March, 1991
In CRM-M-13662-2020 titled as 'Niranjan Kumar @
Kaka Vs. State of Punjab' decided on 06.07.2020; CRM-M-
14474- 2020 titled as 'Dharminder Singh Vs. State of Punjab'
decided on 24.06.2020; CRM-M-21020-2020 titled as 'Amritpal
Singh Lamberdar Vs. State of Punjab' decided on 11.08.2020;
CRMM6433-2018 titled as 'Pawan Kumar Vs. State of Punjab'
decided on 23.02.2018 and CRM-M-16380-2020 titled as 'Buta
Singh Vs. State of Punjab' decided on 13.08.2020 where recovery
of narcotic/ psychotropic drug /substance was made from bag
allegedly thrown on the road side by the accused, the case was
considered to involve question as to whether the accused could be
said to be in conscious possession thereof and the accused was
granted regular bail.
Vipan Sood vs State Of Punjab on 25 February, 2021
In
CRMM-20177- 2020, titled as Vipan Sood vs. State of Punjab, 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.)
Narcotic Control Bureau vs Vipan Sood on 24 August, 2021
No.5852/2021 titled as
"Narcotic Control Bureau v. Vipan Sood and another".