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AMIT SHARMA
Chand Mehra – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (`CrPC.) has been filed on behalf of the applicant seeking regular bail in case FIR No. 164/2020, registered at P.S. Crime Branch, for offences under sections 20, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (`NDPS Act.) pending before the Court of Sh. Ajay Kumar Jain, learned Additional Sessions Judge/Special Judge (NDPS), New Delhi District, Patiala House Court, Delhi.
2. Briefly stated, the case of the prosecution relevant for adjudication of the present application is as under:
i. On 30.10.2020, on receipt of secret information, SI Udai Veer intercepted two vehicles bearing registration no. OD10Q5768 and DL4CAE1815 at Basant Gaon, near Balmiki Mandir, Samshan Ghat, Delhi. It is further alleged that four persons namely Onkar Singh Gill @ Ricky, Tajender Singh, Paramjeet Singh and Panchu Goyal Debnath were apprehended. It is the case of the prosecution that during the search of vehicle bearing registration no. DL 4CAE 1815, 40 kg of ganja was recovered and on the search of vehicle bearing registration no. OD 10Q 5768, 100.100 kg
The main legal point established in the judgment is the interpretation and application of Section 37 of the NDPS Act in the context of granting bail, as well as the admissibility of evidence under th....
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 ....
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
The recovery of commercial quantity of ganja and the framing of charges under Section 29 of NDPS Act attracted the bar under Section 37, and therefore, no ground for grant of bail was made out.
The involvement in supplying the vehicle used for transporting the contraband falling within the category of commercial quantity makes the rigors of section 37 NDPS Act applicable, impacting the deci....
Under Section 37 of the NDPS Act, bail can only be granted when there are reasonable grounds for believing the accused is not guilty and will not commit further offenses while on bail.
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 ....
Point of law: That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embo....
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
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