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SURESH KUMAR KAIT
Nabi Alam Alias Abbas – Appellant
Versus
State (Govt Of NCT Of Delhi) – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
Crl.M(B)555/2021
1. The present application for bail has been preferred by the petitioner praying for his release due to Covid 19 pandemic and also since his application for regular bail is pending since the year 2018.
2. Learned counsel for petitioner points out that besides the afore-noted prayer, the ground on which petitioner has sought interim bail is that son of petitioner's elder brother, who is a physically challenged person, was admitted in ICU due to brain haemorrhage and his brother was unable to attend him in hospital, as his wife had given birth to their third child. Learned counsel submitted that parents of petitioner are old and aged and could not help them and in such circumstances, therefore, petitioner had sought interim bail. However, son of brother of petitioner could not survive.
3. Learned counsel insisted that in above critical circumstances, petitioner could not stand by his family and, therefore, his application for interim bail be allowed, keeping in view that his application for bail is pending consideration since 2018.
4. Learned Additional Public Prosecutor for State
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....
The mandatory compliance with Section 50 of the NDPS Act is requisite during searches, and bail is only permissible if the twin conditions of Section 37 of the NDPS Act are satisfied.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
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.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
The main legal point established in the judgment is the consideration of debatable issues regarding compliance with the NDPS Act, the preparation of documents, and the integrity of the prosecution's ....
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.
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