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PRITHVIRAJ K. CHAVAN
Sanjat Ratan Rajput – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. By this application, the applicant prays for his release on bail under Section 439 of the Code of Criminal Procedure since he has been arrested and prosecuted for the offences punishable under Section 8(c), r/w Section 20b(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).
2. Shorn of unnecessary details, a few facts germane for disposal of this application can be summarized as under.
3. Pursuant to an information by the respondent, a car bearing Registration No. MH-05-AX-6577 was intercepted on Nashik Phata, Pune around 10.00 hours to 12.00 hours on 26.07.2018. During search, it was found that the car was loaded with approximately 200 kgs of Ganja, which was a contraband. After weighing, it was noticed that the quantity was around 180.320 kgs. Necessary sampling, sealing and labeling was carried out by the Investigating Agency as also the personal search of the applicant. Statement under Section 67 of the NDPS Act came to be recorded. There are two accused. After investigation, a charge-sheet is filed in the Special Court.
4. First application for bail preferred by the applicant came to be rejected by the Special Cou
The court highlighted the stringent conditions for granting bail under the NDPS Act, emphasizing the need for reasonable grounds to believe that the accused is not guilty of the alleged offence and i....
Event though the applicant has 15 other criminal cases registered against him, he has only two cases coming under the NDPS Act registered against him. In those cases, he has been granted bail because....
In cases involving commercial quantities of narcotic drugs under the NDPS Act, the statutory embargo under S. 37(1)(b) prevails; prolonged incarceration does not provide sufficient grounds for bail i....
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act, making bail the exception in cases involving the recovery of commercial quantity of narcotic ....
Section 37 of NDPS Act specifically stipulates certain conditions to be satisfied for purpose of granting bail.
Prolonged detention without trial and lack of witness examination can justify the granting of bail, even in cases involving serious charges under the Narcotic Drugs and Psychotropic Substances Act.
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