Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Ejaz Ahmed @ Pappu Nisar Ahmed Ansari – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
NEELA GOKHALE, J.
1. By this Application, the Applicant seeks his enlargement on bail in connection with FIR No. 0299 of 2025 dated 12th March 2025 registered with the Shanti Nagar Police Station, Thane City for the offences punishable under Sections 8 (c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).
2. The case of the prosecution, in brief, is that on 11th March 2025, the Police received a secret information that a person, namely, Ejaz Ahmed Nisar Ahmed Ansari will come in an area near Bhiwandi to sell Mephedrone (‘MD’) powder. Information was recorded and forwarded to the Senior Police Officer. Thereafter, a raiding party was constituted, Pre-trap Panchanama was recorded and thereafter, following the due provisions of the NDPS Act, the said person, i.e., the Applicant was apprehended. He was given a written notice as contemplated under Section 50 of the NDPS Act, intimating him about his legal right to be searched in the presence of a Magistrate or a Gazetted Officer. He however, declined and permitted Police Officers to carry out the search. Upon his personal search, a plastic pouch containing 56 grams of MD was recove
Procedural lapses in drug-related cases can justify bail, especially in light of the defendant's clean record and compliance issues with statutory requirements.
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....
Conscious possession of contraband established; breach of procedure insufficient for bail under NDPS Act.
The court emphasized that discrepancies in evidence and lack of criminal history justify granting bail, highlighting the importance of credible and consistent evidence in drug-related offenses.
Bail under the NDPS Act necessitates proof of innocence and no risk of reoffending, reflecting the serious societal impact of drug-related crimes.
The quantity of seized drugs and the absence of criminal antecedents are crucial factors in determining bail applications under the NDPS Act.
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.
Compliance with procedural requirements under the NDPS Act, the weight of seized substances, and the impact of the COVID-19 pandemic on bail applications.
Compliance with procedural requirements does not negate the integrity of seized evidence if custody is maintained, impacting bail decisions in narcotics cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
