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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Md. Arman Ansari @ Arman Ansari, S/O Md. Ibrahim Ansari – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Jitendra Kumar, J.
Introduction
The present Criminal Miscellaneous Petition has been filed by the Petitioner under Section 482 B.N.S.S. for anticipatory bail in connection with N.D.P.S. Case No. 61 of 2024 in the Court of learned Sessions Judge, Katihar arising out of Town Katihar (Sahayak) P.S. Case No. 659 of 2024, registered for the offences punishable under Sections 21 (c), 22(c) and 25 of the N.D.P.S., Act, 1985 against the Petitioner and co-accused, Mahboob Alam.
Prosecution Case
2. The prosecution case as emerging from the written report of Assistant Officer Incharge of Sahayak Police Station, Katihar is that on 09.09.2024, the Informant/Police Officer got secret information at about 10:05 O’clock that the co-accused, Mahboob Alam @ Lal Khan is selling codeine syrup and intoxicant medicine and he has concealed such contraband in the house of Arman Ansari and also in the bush nearby his house. He sells that contraband after taking out from that place of storage. Hence, Sanha No. 246 of 2024 was lodged on 09.09.2024 and the Superintendent of Police was accordingly informed by Memo No. 2102 of 2024 dated 09.09.2024 for further proceeding and constituting a team. Hence, af
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
Cough syrup with Codeine Phosphate below 2.5% concentration, compounded and established in therapeutic practice, excluded from 'manufactured drug' under NDPS Act notification; bail granted post-chall....
The possession of cough syrup containing Codeine Phosphate falls within the purview of the NDPS Act and is covered as an essential narcotic drug under Section 9(1)(a)(va) of the NDPS Act. The entire ....
The court held that strict compliance with licensing conditions under the NDPS Act is essential, and significant illegal possession of narcotics justifies rejection of bail applications.
Object of bail is to secure attendance of accused in trial and proper test to be applied in solution of question whether bail should be granted or refused is whether it is probable that party will ap....
The court emphasized that under the NDPS Act, the burden of proof shifts to the accused, especially in cases involving commercial quantities of narcotic drugs, necessitating custodial interrogation.
Fulfillment of requirements as enumerated in Section 37 of NDPS Act are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial ....
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