DIVYESH A. JOSHI
Pragnesh Pravinbhai Thummar – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (CAV)
Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present successive application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11210015200082 of 2020 registered with the D.C.B. Police Station, Surat of the offence punishable under Sections 8(C), 22(C) and 29 of the NDPS Act.
3. The brief facts leading to the filing of the present application are that police official of the D.C.B. Police Station received a tip-off that the accused, namely, Salman @ Aman Mohammed Hanif Zaveri, a resident of Surat is transporting the Narcotic Substance in his car and would be passing from Kuvada Tea point to Surat City for selling the said Narcotic substance and upon that information, the necessary procedure had been carried out, and raid was conducted and one accused, namely, Salman was caught by the police along with the contraband substance Mephedrone worth 1011.82 grams, and after following due procedure in accordance with law, the FIR came to be filed.
4. Mr. Kishan Daiya, learned counsel for the applicant has submitted that t
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 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 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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
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....
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
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