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PRAKASH D. NAIK
Johnson Richard – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
PRAKASH D.NAIK,J. - The applicant is seeking bail in Cr. No. 14/2022 registered with ANC Police Station North Goa, for offences under Ss. 22(c) and 21(b) of the NDPS Act.
2. The prosecution case is that on 27/8/2022 the staff of Anti Narcotic Police Station, Panaji, Goa along with two panchas conducted a narcotic raid at 'Besides Green Fingers Nursery', Calangute, Bardez, Porba Waddo, North Goa and apprehended the accused/applicant. He was found in possession of 40gms of MDMA, 60gms of Heroin and 50 gms Ecstasy powder, all worth Rs.15,00,000.00. FIR was registered on 27/8/2022. The applicant was arrested on the same day and since then he is in custody.
3. Learned advocate for the applicant submitted that the applicant is in custody from 27/8/2022. Although the alleged contraband was seized on 27/8/2022, the CA report is not on record. There is violation of Rule 14 of the NDPS Rules. Under Rule 14 the report was required to be sent by the CFSL within 15 days from the date of receipt of samples. In the absence of the CA report the applicant cannot be compelled to remain in custody till the trial is over. The applicant is entitled for speedy trial. Chargesheet is filed. Th
The court reaffirmed that under Section 37 of the NDPS Act, bail cannot be granted unless the accused can demonstrate reasonable grounds for believing they are not guilty and are not likely to commit....
The court established that the statutory restrictions under Section 37 of the NDPS Act create a significant barrier to granting bail in drug-related offenses, emphasizing the necessity of timely chem....
Prolonged incarceration without trial can lead to the violation of the fundamental right to liberty, allowing for the possibility of bail despite statutory restrictions under the NDPS Act.
The court found insufficient grounds to grant bail, highlighting the seriousness of the charges under the NDPS Act.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
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