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SUBRAMONIUM PRASAD
Atul Aggarwal – Appellant
Versus
Directorate Of Revenue Intelligence – Respondent
JUDGMENT
Subramonium Prasad, J. - The petitioner seeks regular bail in SC No. 7369/16 (old SC No. 47A/12 of 2012) registered by the Directorate of Revenue Intelligence (hereinafter, "DRI") for offences punishable under Sections 9A, 21, 23, 25A of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("hereinafter, "NDPS Act").
2. Facts, in brief, leading to the present petition are as follows:
a) Intelligence was received that a Delhi-based syndicate was engaged in drug trafficking by way of concealment in export consignments, and that one export consignment containing contraband drug was lying at Air Cargo Complex, New Delhi, and was scheduled to be exported on 18.07.2012 to Khairoi Nizam Hasim Panang, Malaysia, under AWB No. 618-28211901 dated 16.07.2012 in the name of M/s. Sagar Impex. The intelligence further indicated that the contraband goods were concealed in various handicraft items like ladies? purse, Heena powder, imitation jewellery etc.
b) On examination, eight corrugated boxes were found in three pallets. 24 boxes found were removed from the pallets and on weighment, huge variation was noticed in the weights of other cartons and cartons bearing nos. 18-21. Each carton
The main legal point established in the judgment is that an undertrial accused, charged with offences under the NDPS Act, is entitled to bail if they have been in custody for a period not less than h....
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....
The court found that the prolonged incarceration of the petitioner and the failure to establish conscious possession warranted the grant of bail under the NDPS Act, balancing his right to liberty and....
The main legal point established in the judgment is the need to satisfy the twin conditions of Section 37 of the NDPS Act before granting bail in cases involving commercial quantities of drugs. The c....
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 central legal point established in the judgment is the violation of the applicant's constitutional right for a speedy trial under the NDPS Act, leading to the grant of bail.
The main legal point established in the judgment is that prolonged incarceration and delay in trial can be considered for granting bail under the NDPS Act, as per the directions of the Hon'ble Suprem....
Narcotic Drugs - Bail Application dismissed - Heroin - Powers of High Court or Court of Session regarding bail - Power to grant bail is not only subject to limitations contained under S. 439 CrPC, bu....
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