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NAVIN CHAWLA
Hikmatullah Hikmati – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
Navin Chawla, J. - This application has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (in short, CrPC) read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, NDPS Act) seeking bail in SC No. 57/2020, titled as NCB v. Noorzai Gulamin & Ors., pending in the Court of the learned Special Judge, NDPS Act, Patiala House Courts, New Delhi, under Sections 8A / 21(C) / 23(C) and 29 of the NDPS Act.
2. It is the case of the prosecution that on 17.08.2019, at about 11:30 hours, on a secret information received, a person, namely, Mr.Noorzai Gul Amin, an Afghan National, was apprehended from the Arrival Terminal-3, Indira Gandhi International (IGI) Airport, New Delhi. On inquiry from him, he accepted that he has swallowed certain capsules containing Narcotic Drugs. He was, then, taken to the Safdarjung Hospital, where he was admitted on 17.08.2019. On 20.08.2019, the doctors informed that there is no foreign body left in the stomach of the applicant, therefore, he was discharged from the Safdarjung Hospital. At the hospital, he expelled a total of 119 capsules through the passage of stool. One of such capsule wr
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
Section 52-A of the Act, as Disposal of seized narcotic drugs and psychotropic substances.
The main legal point established in the judgment is that the defective sampling procedure at the time of recovery and seizure of contraband can be challenged during the trial before the Special Judge....
Non-compliance with procedural rules does not automatically render actions null and void, and the prosecution must prove the guilt of the accused beyond reasonable doubt.
The judgment established the importance of a reasonable time frame for filing an application for sample collection and certification under section 52A NDPS to prevent tampering with seized contraband....
Interim Bail on medical grounds - Indulge in supply of wholesale and retail cocaine - Petitioner's medical condition is concerned; documents on record do no suggest any immediate medical treatment or....
Narcotic Substances - Bail rejected - Petitioner has been found in possession of contraband of commercial quantity - Court is unable to record a finding that there are reasonable grounds for believin....
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