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SWARANA KANTA SHARMA
Hari Ram – Appellant
Versus
State (NCT) of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of applicant seeking grant of regular bail in case FIR bearing no. 146/2023, registered at Police Station Badarpur, Delhi for the offences punishable under Sections 20/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (`NDPS Act').
2. Brief facts of the present case are that on 19.04.2023,a secret information was received that two persons namely Raveena and Hari Ram, who supply ganja from Mathura, U.P. to Delhi-NCR, will arrive in a scooty near Bardarpur border to supply ganja to someone in Delhi. The information was shared with senior officers, and DD entry was recorded as per law. On the direction of ACP concerned, a raiding team was constituted, and a trap was laid down near Badarpur Metro Station.At about 2:30 PM, one male and one female riding on a Honda scooty, who were carrying bags with them, were apprehended by the raiding team. The male was identified as accused/applicant Hari Ram and the female was identified as Raveena Kumari. Raveena, who was pillion rides, was carrying a big black colour bag on her lap, whi
The recovery of commercial quantity of ganja and the framing of charges under Section 29 of NDPS Act attracted the bar under Section 37, and therefore, no ground for grant of bail was made out.
Under Section 37 of the NDPS Act, bail can only be granted when there are reasonable grounds for believing the accused is not guilty and will not commit further offenses while on bail.
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act, making bail the exception in cases involving the recovery of commercial quantity of narcotic ....
The main legal point established in the judgment is the interpretation and application of Section 37 of the NDPS Act in the context of granting bail, as well as the admissibility of evidence under th....
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
The court ruled that bail under the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, emphasizing the serious nature of drug trafficking.
The court emphasized the cumulative conditions for bail under the NDPS Act, requiring reasonable grounds for believing the accused is not guilty and not likely to re-offend.
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