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RAJNISH BHATNAGAR
Quari Mohammed Hanif Samadi – Appellant
Versus
State – Respondent
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 78/2017 under Sections 21 NDPS Act registered with Police Station Special Cell.
2. In brief the facts of the case are that on 27.10.2017, at about 11:30 AM, one of the secret informers gave information that one Afghani national, namely, Hanif has reached Delhi alongwith consignment of Heroin and the same will be delivered to his associate in area of Mehrauli. Accordingly, a raid was conducted and during the raid near Madhi Masjid Sri Devpurji Ashram Marg, Mehrauli, Delhi, one person, namely, Mohd. Hanif s/o Abdul Samad r/o Near Petrol Pump, Dewan Begi, Khushal Begi, Khushal Khan, Kabul, Afghanistan was apprehended along with a black colored cloth bag which he was carrying in his right hand. During the search of the black coloured cloth bag which the petitioner was carrying in his right hand, a recovery of 525 grams Heroin was effected. In this regard, case FIR No. 78/2017 dated 27.10.2017 under Section 21 NDPS Act was registered at P.S. Special Cell.
3. During the investigation of the case, the petitioner was arrested on 27.10.2017. On interrogation, the
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 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 recovery of an intermediate quantity of contraband, completion of investigation, and lack of evidence regarding the petitioner's bad antecedents were key factors in granting bail.
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 considered the period of incarceration and the recovery of commercial quantity of narcotics in granting bail to the petitioner.
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 - Rejection of Bail – Evidence and material on record is not required to be pre-judged and parties can establish their case during trial.
Section 67 of NDPS Act cannot be made basis for registering the case against other person.
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