Back
RAJNISH BHATNAGAR
Aakash Mehra – Appellant
Versus
Narcotics Control Bureau – Respondent
ORDER
Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in complaint case no. VIII/53/DZU/2021 under Sections 8/20(b)(ii)/21(c)/22(c)/25/27A/29 NDPS Act registered at Police Station NCB.
2. In brief the facts of the case are that on 24.09.2021, a secret information was received regarding a parcel addressed to Pankaj Gupta awaiting delivery at a courier office-Shree Tirupati Courier Pvt. Ltd., 253/A-1-A, Shahpur Jat, Hauz Khas, New Delhi. A team of NCB officials went the said courier office and proceeded for delivery of parcel nearby Kali Masjid at Savitri Nagar, Malviya Nagar, New Delhi. After sometime a Taxi bearing No. DL-1-RTC-3329 arrived and the parcel was received by its driver. The driver, identified as Pankaj Gupta, was asked to show the parcel which was in a small khaki-coloured carton box. On opening the said parcel, it was found containing two plastic packets in sealed condition. The first plastic packet contained one packet sanitary napkins which was taken out and one zip-lock polythene was found inside it which contained 15.3 grams of Ecstasy (MDMA) tablets. The second packet also contained sanitary napkins
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....
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 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....
Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and that he will not i....
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....
Point of Law : Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and tha....
The court held that confession statements under the NDPS Act require corroborative evidence, and prolonged pre-trial detention with no contraband recovery justifies granting bail.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
