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RAJNISH BHATNAGAR
Mumtaz – Appellant
Versus
State (NCT of Delhi) – Respondent
ORDER
Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No. 268/2022 under Sections 21/25/29 NDPS Act registered at Police Station Crime Branch, Delhi.
2. Briefly stated, the facts of the case are that on 19.11.2022, on the basis of a secret information, a raiding party was formed and accused Nazruddin was apprehended from UCMS, Gate No. 2, inside GTB Hospital, Delhi at about 04:25 p.m. Notice U/s 50 NDPS Act was served upon him but he declined the offer to be searched in the presence of a Gazetted officer or Magistrate and after compliance of provisions of NDPS Act, search of accused Nazruddin was taken and during his search, 301 grams heroin was recovered from his possession. Accordingly, the present FIR was registered at PS Crime Branch, Delhi.
3. During investigation, IO/SI Sudhir Kumar arrested accused Nazruddin in the present case and he disclosed that he had procured the recovered contraband from one Bazi R/o Mandsaur, MP. Further on 22.11.2022, at the instance of accused Nazruddin, 600 gram heroin was recovered from his house. In his disclosure statement accused Nazruddin
The main legal point established in the judgment is the application of Section 37 NDPS Act based on the commercial quantity of contraband and the evidence connecting the petitioner with the recovered....
The court established that the recovery of an intermediate quantity of narcotics does not invoke the restrictions under Section 37 NDPS Act, allowing bail when the accused poses no flight risk and th....
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 recovery of intermediate quantity, completion of investigation, and filing of chargesheet are crucial factors in considering bail applications under the NDPS Act.
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 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.
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