Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Amit Kumar, S/o. Shri Vishnu Prasad Singh – Appellant
Versus
Union of India Through Directorate of Revenue Intelligence, Regional Unit, Patna. Bihar – Respondent
ORDER :
Ramesh Chand Malviya, J.
Heard Mr. Prasoon Shekhar learned counsel on behalf of petitioner assisted by Mr. Rajesh Kumar and Mr. Sanchay Srivastava, Senior Standing Counsel on behalf of Union of India assisted by Junior Standing Counsel Mr. Ankit Kumar Singh and Mr. Sushant Srivastava.
2. As per prosecution case, on 02.11.2023 Mithun Bhardwaj, Intelligence Officer, DRI, apprehended four persons namely, Apu Shuklabaidya, Ajit Bora, Madan Dey and Amit Kumar on the basis of a specific information near Durga mandir outside Hajipur Railway Station, Bihar. During search, six packets of heroin concealed in six soap cases were recovered from the possession of Apu Shuklabaidya, 13 packets of heroin concealed in 13 soap cases were recovered from the possession of Ajit Bora and six packets of heroin concealed in six soap cases were recovered from the possession of Madan Dey. On weighing, net weight of the heroin came around to 306.70 grams. All the four accused persons in their statements under Section 67 of NDPS Act admitted their guilt of conscious possession, carriage and transportation of the seized heroin in lure of money. Accordingly, search-cum-seizure list has been prepared and th
Non-compliance with arrest procedure and statutory requirements under NDPS cannot alone invalidate prosecution; however, substantial evidence is necessary, especially for bail under Section 37.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
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....
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
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 compliance of provisions under Section 50 of NDPS Act, the recovered quantity of contraband, and the application of Section 37 of NDPS Act are crucial in determining bail applications under the N....
NDPS Act - Rejection of Bail – Evidence and material on record is not required to be pre-judged and parties can establish their case during trial.
The authenticity of documents and compliance with legal provisions, along with the substantial custody of the accused and the likelihood of a prolonged trial, are crucial factors in granting bail.
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
