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RAJNISH BHATNAGAR
Taslim – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT :
(Rajnish Bhatnagar, J.) :—
1. This is a petition filed by the petitioner under Section 439 Cr. P.C. seeking regular bail in case FIR No. 781/2021 under Sections 21, 25 and 29 NDPS Act registered at Police Station Bhalswa Dairy, Delhi.
2. In brief the facts of the case are that on 08.11.2021 at about 5:00 pm, a secret information was received by SI Dilbag about a person, namely, Arshad Ali who in association with Asif Kasai and Bhure r/o Fateh ganj Bareilly, UP was indulging in sale and supply of Heroin in Delhi and UP and they were coming to deliver a consignment of Heroin near Bhalswa Lake, Delhi in Taxi No. UP-25-DT-5525 between 9:00 pm to 11:00 pm. The raiding party left for the spot vide DD No. 6 at 7:30 pm along with informer in a private vehicle No. DL-8C-AZ-7412 driven by Ct. Arun. At about 10:10 pm, a white colored taxi car No. UP-25DT-5525 was intercepted. The persons sitting in the car were identified as Arshad Ali, Taslim (petitioner herein) and Arshad Khan/driver. During cursory search of Arshad Ali, a black colored raxin bag was recovered and the said bag was found containing a black colored polythene packet. The black colored polythene packet further contain
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
The court emphasized that the reasonable belief required for bail under Section 37 NDPS Act necessitates substantially probable causes for believing that the accused is not guilty of the alleged offe....
The limitations prescribed for the grant of bail under Section 37 NDPS Act require substantially probable causes for believing that the accused is not guilty of the alleged offence.
The recovery of an intermediate quantity of contraband, completion of investigation, and lack of evidence regarding the petitioner's bad antecedents were key factors in granting bail.
The court established that the recovery of an intermediate quantity of narcotics does not invoke the restrictions under Section 37 NDPS Act, allowing bail when the accused poses no flight risk and th....
The recovery of intermediate quantity, completion of investigation, and filing of chargesheet are crucial factors in considering bail applications under the NDPS Act.
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