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RAJNISH BHATNAGAR
Charles Ezih @ Papa – Appellant
Versus
Narcotics Control Bureau – Respondent
ORDER
Rajnish Bhatnagar, J.
1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case bearing Crime No. 058/DZU/2018 under Sections 8/21/22/27A/29 NDPS.
2. In brief the facts of the case are that on 22.02.2018, a secret information was received by IO Pradeep Singh that one lady, namely, Sonia Shamrao Naik Gaonkar was travelling in seat no. 41, Bogey (Coach) No. A- 4 in Train No. 12954-August Kranti Rajdhani departing from Hazrat Nizamuddin Railway Station to Mumbai and she was carrying Narcotics drug in her travel bag. Based on secret information, Sonia Naik was intercepted by NCB Team at Hazrat Nizamuddin Railway Station on 22.02.2018 when she arrived near Bogey No. A-4 of August Kranti Rajdhani Express Train destined for Mumbai. The independent witnesses were joined and upon asking Sonia Naik, she showed her e-ticket, Aadhar Card and revealed her identity. During search of her maroon-coloured travel bag, it was found containing some clothes and one packet of grey coloured baby carrier which on further examination was found to contain two more packets of substance detected as Methamphetamine and the total weight of said contraband was
The court considered the period of incarceration and the recovery of commercial quantity of narcotics in granting bail to the petitioner.
The main legal point established in the judgment is that the period of incarceration and the stage of the trial are crucial factors in considering bail applications under the NDPS Act, and the princi....
The main legal point established in the judgment is that prolonged incarceration and delay in trial can be considered for granting bail under the NDPS Act, as per the directions of the Hon'ble Suprem....
The main legal point established in the judgment is the application of Section 439 Cr.P.C. and the Supreme Court directives regarding bail for undertrial prisoners under the NDPS Act, considering the....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
The court granted bail to the petitioner under stringent conditions, emphasizing compliance with NDPS provisions, the significance of the quantity of contraband, and the petitioner's lack of prior cr....
Section 67 of NDPS Act cannot be made basis for registering the case against other person.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
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