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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Arbaz Aslam Shaikh – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. facts leading to the bail application (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by both parties (Para 9 , 10) |
| 3. court's analysis and reasoning on bail (Para 11 , 13 , 14 , 19 , 21 , 22 , 23 , 24) |
| 4. interpretation of statutory requirements for bail (Para 12 , 18) |
| 5. final ruling on the bail application (Para 25) |
JUDGMENT :
Neela Gokhale, J.
1. The Applicant seeks his release on bail in connection with C.R. No.92 of 2023 dated 3rd November, 2023, registered with the ANC, Azad Maidan Unit, for the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').
2. The facts of the case, in brief are that, on 2nd November, 2023, when the officials of the ANC, Azad Maidan Unit, were out for patrolling, at about 10:30 p.m., they found one person lurking in suspicious circumstances near the Jogeshwari Police station bus stop next to an electric pole on the service road, Western Express Highway, Southwards, Jogeshwari (E). The Police made enquiries with him and asked him for his identity. The said person started running away on his two-wheeler, the Police stopped him. They identified themselves as Police
The statutory requirements for bail under the NDPS Act necessitate proof of reasonable grounds for believing the accused is not guilty, which were not established in this case.
The main legal principle established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act in drug trafficking cases, emphasizing the gravity of the offence, ....
The court affirmed the strict compliance requirements of the NDPS Act in bail applications, emphasizing the need to demonstrate reasonable grounds for believing in the accused's innocence, particular....
(1) Standard prescribed for grant of bail is ‘reasonable ground to believe’ that person is not guilty of offence.(2) Given seriousness of offences punishable under NDPS Act and in order to curb menac....
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
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