Recovery of 255 grams of 'heroin' from dash board of vehicle – NDPS case -- Regular bail -- Whether it will be conscious possession of passenger – It will be debatable as to whether the petitioners can be attributed conscious possession -- Petitioners have been behind bars since the last about 7 months -- Petitioners ordered to be released on regular bail.

(P&H HC) Decided on: 18.11.2020

Recovery of 193 kg of Poppy husk recovered – NDPS case – Regular bail -- Petitioner was not found at the spot from where the ‘Poppy Husk’ in question was recovered and even the premises in question do not belong to the petitioner, it will be debatable as to whether the petitioner can be attributed conscious possession of the contraband so recovered -- Petitioner ordered to be released on regular bail.

(P&H HC) Decided on: 30.10.2020

Recovery of 7600 intoxicating tablets -- NDPS case – Regular bail – Petitioners are in custody since 25.08.2019 -- FIR is based on secret information, thus, culpability, conscious possession of which accused if any, would be determined at the time of trial -- Court deemed it to allow the regular bail to the petitioners.

(P&H HC) Decided on: 26.10.2020

Recovery of 55 strips of Spasmo Proxyvon Plus capsules (total 1320 in number) and 14 plastic vials of Corex Syrup -- NDPS case – Regular bail – Petitioner was not arrested on the spot, there is no question of effecting any recovery of contraband from his conscious possession – Petitioner was arrested on 16.07.2019 -- Disclosure statement of the co-accused is not sufficient enough to establish the petitioner's culpability satisfactorily -- Petitioner is involved in nine other criminal cases, however, there is no mention of the petitioner being involved in any other case under the NDPS Act – Petitioner ordered to be released on regular bail.

(P&H HC) Decided on: 29.07.2020

Recovery of heroin weighing 322 grams and 66 mili gram from two accused – NDPS matter – Commercial quantity -- Regular bail – Disclosure statement implicating the petitioner as the person from they borrowed the heroine -- Recovery of 53 grams 63 mili grams from petitioner -- Prima facie, due to inadmissibility of disclosure statements of co-accused in evidence against the petitioner, the petitioner cannot be said to be in conscious possession of commercial quantity of heroin allegedly recovered from his co-accused -- Section 37(1)(b) of the NDPS Act will not be applicable qua the petitioner – Petitioner ordered to be released on bail.

(P&H HC) Decided on: 13.07.2020