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SUBRAMONIUM PRASAD
Mohd Tahir@sajjan – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - This is an application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as "the Code") seeking regular bail in FIR No.140/2018 dated 26.05.2018, registered at Police Station Crime Branch, Delhi for offences under Sections 20, 25, 29 of NDPS Act.
2. The petitioner is in custody from 26.05.2018. The Charge-sheet has been filed. A perusal of the charge-sheet shows that on 26.05.2018, at about 5:30 P.M information was received by ASI Ramdev that one person namely, Mohammad Tahir @ Sajjan, resident of Kannauj, Uttar Pradesh, will bring ganja in his Truck No. UP 74T 4877 to supply the same to his customer namely Amit at Sanjay Gandhi Transport Nagar near CNG Pump between 10.00 A.M to 11.00 A.M. Acting on the information, the Police reached the spot at about 9 A.M. It is stated in the Charge-sheet that the raiding party asked the people standing near the place as to whether they would be willing to be part of the raiding party but none of them was prepared to be a part of the raiding party. The raiding party found the truck bearing No. UP 74T 4877 near the CNG Pump, Lower G.T.K. Road, Sanjay Gandhi Transport Nagar, Delhi. Since n
The stringent conditions for granting bail under the NDPS Act require substantial probable causes to believe that the accused is not guilty of the alleged offence.
The stringent conditions for granting bail under Section 37 of the NDPS Act must be adhered to, and the court must be satisfied that there are reasonable grounds for believing that the accused is not....
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act, making bail the exception in cases involving the recovery of commercial quantity of narcotic ....
The court emphasized strict compliance with Section 37 of the NDPS Act, concluding there were no reasonable grounds for believing the petitioner was not guilty due to his significant role in drug sup....
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 ....
Procedural violations under the NDPS Act allow the accused to rebut the statutory presumption against bail, resulting in bail being granted.
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