BIBHAS RANJAN DE
Manik Das @manik Chandra Das – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
Bibhas Ranjan De, J. - Facts In Brief:
1. (i) On 07.04.2021 one Sanjiv Kr. Intelligence Officer, Narcotics Control Bureau (NCB) attached to Kolkata Zonal Unit (KZU) received information in relation to trafficking substantial quantity of 'Ganja' by one Susanta Dey allies Ravi and Manik Chanrda Das with a car namely TATA ACE GOLD bearing Reg. No. WB 25J 4944 likely to be unloaded in the house of said Susanta Dey and then to supply to one Asim Mirdha.
(ii) The said information was reduced into writing and after intimating superior Officer a team of NCB Officers led by Superintendent, NCB (KZU), reached near the vicinity of the house of Susanta Dey at 20.15 hrs. At about 20.45 hours they found the said vehicle approaching the house of Susanta Dey. Thereafter two persons got down from the drivers cabin and started unloading nylon sacks. NCB team intervened and those two suspects disclosed their identity as Swapon Biswas and Susanta Dey.
(iii) NCB team then disclosed their identity and searched the five (5) numbers of nylon sacks containing greenish plant having odour similar to that of canabis/Ganja, in presence of local witness and both the suspects. Small amount from each sack wa
Gujarat Water Supply and Sewerage Board vs. Unique Erectors (Gujarat) (p) Ltd.
Kanail Singh vs. State of Haryana (2009) 8 SCC 539
Municipal Corpn. of Delhi vs. Jagan nath Ashok Kumar
Municipal Corpn. of Greater Mumbai vs. Kamla Mills Ltd (2003) 6 SCC 315
Surinder Kr. Khanna vs. Intelligence Officer, Directorate of Revenue Intelligence
Tofan Singh vs. State of Tamil Nadu reported in(2021) 4 SCC 1
Union of India through NCB, Lucknow vs. Md. Nawaz Khan
The stringent parameters for grant of bail under the NDPS Act must be adhered to, as per Section 37, and the admissibility of electronic records under Section 65-B of the Evidence Act.
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
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 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....
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....
(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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.