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CHANDRA DHARI SINGH
Vikas Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT
Chandra Dhari Singh, J. - The present application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for seeking regular bail in FIR bearing No. 27/2019 under Sections 15, 61 and 85 of the Narcotic Drugs and Psychotropic Substances act, 1985 (hereinafter referred to as the 'NDPS act') registered at Police Station Wazirabad, Delhi.
2. The factual matrix in the instant case, as submitted by the prosecution, is as under:
a. On 5th February 2019, Ct. Robin Malik along with Ct. Kamaljit and Ct. Naushad was on patrolling duty in Wazirabad and at around 6 p.m. while they were near Sangam Vihar roundabout, two persons on a Splendor motorcycle bearing no. DL 8SVL 8959 of black and silver colour were seen with one blackish-grey plastic bag placed in between them, coming from the side of Jagatpur village. The two individuals upon sighting the police party tried to escape by taking a U-turn and were intercepted by the police officials and asked to show the contents of the plastic katta.
b. The katta was in a sealed condition which upon being torn was found to contain poppy husk. The person driving the motorcycle was iden
The main legal point established in the judgment is the stringent conditions for granting bail under the NDPS act, specifically under Section 37, which require reasonable grounds to believe that the ....
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 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 court ruled that bail under the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, emphasizing the serious nature of drug trafficking.
A bail application under NDPS Act must meet stringent conditions, proving reasonable grounds for the accused's innocence and likelihood of non-reoffending, reflecting legislative intent to combat dru....
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
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.
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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
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