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ANU MALHOTRA
Arun Kumar Goyay – Appellant
Versus
Narcotics Control Burea – Respondent
JUDGMENT
anu Malhotra, J. - The applicant vide the present application seeks the grant of bail in relation to SC No. 244/2021 under Sections 8, 22(c), 23 & 29 of the NDPS act, 1985, submitting to the effect that he has been falsely implicated in the instant case and has been incarcerated since 5.4.2021 with it having been submitted on behalf of the applicant that there has been no recovery of any contraband from the applicant nor at his behest. Inter alia, it is submitted on behalf of the applicant that even the alleged recovery of 80.673 kg of Tramadol tablets from the residence of one Bablu at Bahadurpur, agra, U.P., cannot be attributed to the applicant. It is further submitted on behalf of the applicant that the chemical examination report in relation to the said Tramadol tablets has also not been placed on record by the Investigating agency and that thus in the absence of a complete investigation report having been filed in terms of Section 173(8) of the Cr.P.C., 1973, the applicant was entitled to be released on default bail in terms of Section 167(2) of the Cr.P.C., 1973.
Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.
The judgment emphasizes the importance of liberty and the need to avoid pre-conviction incarceration, balancing the recovery of contraband with the potential innocence of the accused and the impact o....
The court held that confession statements under the NDPS Act require corroborative evidence, and prolonged pre-trial detention with no contraband recovery justifies granting bail.
The inadmissibility of confessions made to NDPS officers by the accused and the overriding of the statutory embargo created under Section 37 of the NDPS Act by the fundamental right guaranteed under ....
The admissibility of recoveries made based on an accused person's disclosures, compliance with procedural requirements under the NDPS Act, and the relevance of electronic evidence such as WhatsApp ch....
In cases involving commercial quantities of psychotropic substances, the court must satisfy the twin conditions of Section 37 of the NDPS Act, requiring more than prima facie grounds to believe the a....
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
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