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SACHIN SINGH RAJPUT
Chandraveer Singh @ Pintu/chintu Son Of Diwan Singh – Appellant
Versus
Directorate of Revenue Intelligent (Dri) Raipur Regional Unit – Respondent
ORDER :
1. These three bail applications arise out of same crime numbers, therefore, they are being heard analogously and disposed by a common order.
2. The applicants have preferred these first bail applications under Section 439 of Cr.P.C. for grant of regular bail as they are in jail since 05.10.2021 and 13.10.2021 respectively in connection with Crime No.36/2021 registered at Police Station Directorate of Revenue Intelligence (DRI), Raipur (C.G.). The offence alleged against the applicant in MCRC NO.4165 of 2022 is under under Sections 8(b), 20(b)ii(c), 26, 27A, 29 of NDPS Act and the offence alleged against the applicants in MCRC No.7859 of 2022 & MCRC 7866 of 2022 is under Sections 8(c) r/w 20(b)ii(C), 26, 27A, 29 of NDPS Act.
3. Case of the prosecution, in brief, is that, on 04.10.2021 on the basis of secret information, the officer of DRI stopped a truck bearing registration No. AP 39-TP-9706. The driver and other occupants of the truck informed that they are transporting Murmura. However, subsequently, they made admission before the Office of DRI that they are transporting Ganja, which is kept below the Murmura. The truck was searched and seizure of 833.271 kg of ganja was ma
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
while considering the bail petition despite the language employed in the section, court must develop a delicate balance between judgment of acquittal, conviction and bail and the provision should be ....
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 rigors of Section 37 of the NDPS Act apply in cases involving trade in commercial quantity of narcotics. The court must be satisfied that there are reasonable grounds for believing that the accus....
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.
In NDPS commercial quantity cases, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
The judgment emphasized the importance of complying with the stringent parameters for the grant of bail under the NDPS Act and the right to liberty under Article 21 of the Constitution of India.
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