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ANUP JAIRAM BHAMBHANI
Manish Mohan – Appellant
Versus
I. O. Narcotics Control Bureau Through Counsel – Respondent
JUDGMENT
Anup Jairam Bhambhani J. By way of the present petition under section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') read with section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act'), the petitioner seeks regular bail in proceedings arising from complaint case bearing SC No. 81/2019 titled `NCB vs. Gaurav Mehta & Ors.' under sections 21/23 and 29 of the NDPS Act pending before the learned Special Judge, Patiala House Courts, New Delhi.
2. The matter arises from a complaint bearing No. NCB/24/DZU/2018 filed by the Narcotics Control Bureau (`NCB') under sections 8(c), 21(c), 23 and 29 of the NDPS Act alleging that based on certain secret information, the petitioner and two co-accused persons, by name Gaurav Mehta and Bhasker Khatnani, were suspected of engaging in the sale and purchase of psychotropic tablets.
3. A brief conspectus of the allegations leading-up to the filing of the present bail petition is as follows:
3.1. According to the NCB, on 16.08.2018, secret information was received by the Superintendent, NCB that certain parcels lying at the office of DHL Express Pvt. Ltd, Kirti Nagar, New Delhi (`DHL Office') contained commerci
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 main legal point established is the inadmissibility of retracted statements under Section 67 of NDPS Act and the need for corroboration of evidence in drug-related cases.
The judgment emphasizes the principles of innocence until proven guilty, the need for substantive evidence to establish guilt, and the limitations on the admissibility of disclosure statements withou....
The main legal point established in this judgment is that the statement of a co-accused recorded under Section 67 of the NDPS Act is inadmissible as evidence. The court also emphasizes the importance....
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
Bail application—Complicity of petitioner will have to be determined by quality of evidence led during trial.
Point of Law : Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and tha....
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
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.
Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and that he will not i....
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