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BHARATI DANGRE
Karishma Prakash – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Aabad Ponda, Senior Counsel With Mr. Ayaz Khan, Ms. Gauri Joshi I/B Mr. Suraj Iyer, for the Appellant; Mr. Shreeram Shirsat With Mr. Amandeep Singh Sra, Ms. Rutuja Ambekar, A.P.P, for the Respondent.

Judgement Key Points

What is the correct interpretation of bail eligibility under NDPS Act, specifically whether all offences are non-bailable or only certain sections impose stringent bail conditions? (Question referencing Section 37, its amendments, and case Baldev Singh) What is the admissibility and use of statements under Section 67 NDPS Act for custodial interrogation and trial, including due weight at investigation vs. trial? Should there be a reference to a larger Bench to resolve conflicting judicial views on whether all offences under NDPS Act are non-bailable irrespective of punishment or quantity?

Key Points: - The NDPS Act Section 37 originally made offences cognizable and non-bailable; later amendments restrict strict bail for certain sections (19, 24, 27A) and commercial quantity, not all offences (p_76, p_78, p_81, p_85, p_91–p_94) (!) (!) (!) (!) (!) (!) - Post-2001 amendments, the rigours of bail apply mainly to Sections 19, 24, 27A and commercial quantity; small-quantity offences may not be automatically non-bailable (p_97, p_101, p_51) (!) (!) (!) - Baldev Singh Constitution Bench held broad non-bailability, which conflictingly influenced later judgments (p_35, p_36, p_41, p_47) - Stefan Mueller and Rhea Chakraborty discuss whether all NDPS offences are non-bailable; dispute among High Courts about binding precedents (p_24, p_32, p_60, p_57) - The court in this judgment proposes to refer the matter to a larger Bench to decide if all NDPS offences are non-bailable (p_59, p_129) - Section 67 statements are discussed as admissible for investigation but may be inadmissible at trial per Toofan Singh, requiring corroboration (p_14, p_15, p_20)

What is the correct interpretation of bail eligibility under NDPS Act, specifically whether all offences are non-bailable or only certain sections impose stringent bail conditions? (Question referencing Section 37, its amendments, and case Baldev Singh)

What is the admissibility and use of statements under Section 67 NDPS Act for custodial interrogation and trial, including due weight at investigation vs. trial?

Should there be a reference to a larger Bench to resolve conflicting judicial views on whether all offences under NDPS Act are non-bailable irrespective of punishment or quantity?


ORDER

1. The applicant is apprehending her arrest in connection with C.R. No.16 of 2020 instituted by the Narcotic Control Bureau ('NCB'), Mumbai Zone Unit, accusing her of committing offences punishable under Sections 8 (c), 20(b)(ii), 27A, 28 and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

2. Heard Mr. Ponda, learned senior counsel for the applicant and Mr. Shreeram Shirsat, learned counsel appearing for the NCB. With the assistance of the respective counsel, I have perused the material placed on record.

3. The prosecution case in brief can be stated to be as under:

On 28.08.2020, a team of NCB, Mumbai and NCB Hqrs, New Delhi apprehended two person named Abbas Ramzan Ali Lakhani S/o. Ramzan Ali Lakhani R/o. 162 Palm Villa, Convent Road, Pali Naka, Bandra (w), Mumbai-50 aged 21, along with 46 grams of mariguana/ganja at Father Peter Pereira Road, Sonapur Lane in front of Old Kurla Gaon main entrance gate. Abbas told that he has purchased the drug from one person namely Karn Arora R/o of Powai. The NCB team along with Abbas identified and apprehended Karn Arora S/o Vijay Arora R/o. Flat No.1408, Zinnia, Nahar Amrit Shakti, Chandivali, Po

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