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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Surjit Singh Baktavar Singh Heer – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background regarding the narcotics case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defense arguments regarding false implication and lack of evidence. (Para 8 , 9) |
| 3. court's observations on the standards for granting bail. (Para 10 , 11 , 14 , 15 , 16) |
| 4. legal threshold for determining bail eligibility in ndps cases. (Para 12 , 19) |
| 5. final decision to reject bail application. (Para 20 , 21) |
JUDGMENT :
NEELA GOKHALE, J.
1. By this Application, the Applicant seeks his enlargement on bail in connection with Case F. No. DRI/MZU/C/INT-107/2024 dated 9th January, 2024 registered with the Directorate of Revenue Intelligence, Mumbai Zonal Unit (‘DRI’), for the offences punishable under Sections 8 (c), 21(c), 28, 29, 30 read with Sections 35 and 54 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS’).
2. There are in all four accused persons involved in the present crime.
3. The facts of the case, as discerned from the FIR, are that, acting on an intelligence received by the officials of the Directorate of Revenue Intelligence, Mumbai Zonal Unit, a team comprising of intelligence officers was constituted. They intercepted a brown-coloured truck coming towards Chi
Bail under the NDPS Act requires substantial evidence indicating the accused is not guilty, prioritizing public safety and the integrity of judicial processes over personal liberty.
The court established that the seriousness of narcotic offenses under the NDPS Act dictates strict bail conditions, emphasizing societal interest and ongoing investigations over the accused's persona....
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
The court denied bail under the NDPS Act due to substantial evidence of involvement in drug trafficking and failure to prove innocence, in line with stringent bail conditions.
Points of law : Grant or rejection of bail under the NDPS Act is governed by Section 37 of the Act. Under Section 37 of the Act, the court before granting bail has to be satisfied that there are reas....
(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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
Confessional statements to officers under the NDPS Act are inadmissible as evidence, and bail must be granted if there is insufficient evidence against the accused.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
Confessional statements made to officers under the NDPS Act are barred by Section 25 of the Evidence Act, rendering them inadmissible for prosecution purposes, thus affecting the grounds for bail.
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