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AJAY DIGPAUL
Ekoh Collins Chidubem – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
The present petitions have been filed under Section 439 of the Code of Criminal Procedure, 1973 [Hereinafter “CrPC”], seeking grant of bail to the accused persons/petitioners in Complaint No. VIII/44/DZU/2022 registered under Sections 8/21/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985[Hereinafter “NDPS Act” ], at P.S. NCB.
2. As both the petitioners have been arrayed as co-accused in the above complaint and have taken identical pleas seeking grant of bail, these petitions are being dealt with and considered by this Court by way of a common judgment.
Case of the Prosecution:
3. It is the case of the prosecution that on 20.05.2022, acting upon secret information, the NCB team reached DHL Express Pvt. Ltd., Rama Road, near Kirti Nagar, New Delhi, and enquired about a parcel bearing AWB No. 3385037946. The parcel was produced by one Ashit Yadav, Supervisor who also agreed to join the proceedings as an independent witness. The parcel was a yellow coloured DHL plastic polythene. The airway bill slip disclosed the consignor as Joseph Mandy, 118, West Street, Sandton, 2031, Sandown Gauteng, South Africa and the consignee as the petitioner, Pradeep Kumar Jha, Dh
Bail – While duration of detention is a relevant factor, it cannot override bar of Section 37 NDPS Act – Court must balance personal liberty against need to prevent further risk to public safety and ....
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The court ruled that mere procedural lapses do not justify bail in cases involving commercial quantities of narcotics, emphasizing the presumption of conscious possession under the NDPS Act.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
The court held that confession statements under the NDPS Act require corroborative evidence, and prolonged pre-trial detention with no contraband recovery justifies granting bail.
NDPS Act – Recovery of contraband - Rejection of Bail - commercial quantity of the contraband and therefore, rigors of Section 37 NDPS Act are applicable - statements recorded U/s 67 of the NDPS Act ....
The court ruled that in narcotics cases involving commercial quantities, bail is denied unless the accused can demonstrate lack of guilt or flight risk, substantiated by strong evidence.
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act in restricting bail for offences involving commercial quantity of narcotics. The court emphasi....
The judgment emphasizes the strict conditions for granting bail under Section 37 of the NDPS Act, requiring credible and plausible grounds to believe that the accused person is not guilty of the alle....
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