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AMIT SHARMA
Lhingneihat Lhouvum – Appellant
Versus
Io, Narcotics Control Bureau – Respondent
JUDGMENT
Amit Sharma, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') seeks regular bail in Sessions Case No. 09/2021, under Sections 21/23/29 of the NDPS Act, titled "NCB v. Martin Chikamma Nwokorie & Anr." pending before the Court of the learned Special Judge (NDPS), Patiala House, New Delhi.
2. The case of the respondent as per the status report dated 19.05.2023, is as under:
i. On 10.07.2020, the competent authority, i.e., Director General of the Narcotics Control Bureau (hereinafter referred to as 'NCB') issued an order to undertake controlled delivery operation of the parcel bearing AWB No. 3449436874 and AWB No. 3449436922 suspected to be containing contraband. For that purpose, Sh. Rampal, Intelligence Officer, NCB-DZU, New Delhi was directed to take action. The parcels originated from Kampala city, Uganda and were destined for Manja, Assam.
ii. In compliance of aforesaid directions, the concerned Investigating Officer alongwith a team, reached at Aramex India Pvt. Ltd., Plot No. 211,
The decision was based on the lack of material indicating the applicant's knowledge of the contraband and the satisfaction of the twin conditions of Section 37 of the NDPS Act.
The court found that significant prima facie evidence indicates the applicant's involvement in drug trafficking and conspiracy, justifying the denial of bail.
The admissibility of evidence, the impact of prolonged incarceration on bail, and the need for substantial evidence to establish allegations.
The judgment establishes the importance of substantial probable causes and conscious possession in determining guilt under the NDPS Act.
The judgment established that the gravity of the offence, the impact of the illicit drug trade, and the concept of conscious possession are crucial factors in determining bail eligibility under the N....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
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....
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The judgment emphasizes the importance of liberty and the need to avoid pre-conviction incarceration, balancing the recovery of contraband with the potential innocence of the accused and the impact o....
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