RAJNISH BHATNAGAR
Kingsley Nwanne – Appellant
Versus
Narcotics Control Bureau – Respondent
ORDER
Rajnish Bhatnagar, J.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case No. VIII/01/DZU/2021 under Sections 21(c), 23(c) and 29 NDPS Act registered at Police Station NCB RK Puram.
2. In brief the facts of the case are that the NCB received a secret information on 27.01.2021 that two women, namely, Jascent Nakalungi and Sharifah Namaganda, both from Uganda were expected to arrive at T-3 IGI Airport, New Delhi on 28.01.2021 and were suspected of carrying significant amounts of narcotic drugs. On 28.01.2021, NCB Team arrived at Terminal 3 of IGI Airport in New Delhi and while the surveillance was being conducted in the arrivals hall, two passengers with the same identities arrived at the belt. The NCB team stopped them and when Jascent Nakalungi's sky blue trolley bag was examined, it was found having one black coloured packet which further had two polythene packets, one containing 4 kgs of `Heroin' and other containing 560 grams of `Cocaine'. Thereafter, when Sharifah Namaganda's brown-coloured trolley bag was examined, it was found having one black coloured packet which further had two polythenes, one containing 4
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 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....
The main legal point established in the judgment is the requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence, as per the provisions of Section 37 of t....
NDPS Act – Recovery of contraband - Rejection of Bail - commercial quantity of the contraband and therefore, rigors of Section 37 NDPS Act are applicable - statements recorded U/s 67 of the NDPS Act ....
The court ruled that in narcotics cases involving commercial quantities, bail is denied unless the accused can demonstrate lack of guilt or flight risk, substantiated by strong evidence.
The judgment emphasizes the strict conditions for granting bail under Section 37 of the NDPS Act, requiring credible and plausible grounds to believe that the accused person is not guilty of the alle....
The conditions for granting bail under the NDPS Act are stringent, mandating that reasonable grounds for believing the accused's innocence and the absence of risk of reoffending must be demonstrated.
The stringent conditions for granting bail to drug traffickers under Section 37 of the NDPS Act and the need to prevent their nefarious activities.
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 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....
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