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CHANDRA DHARI SINGH
Shadab Khan – Appellant
Versus
Narcotics Control Bureau – Respondent
ORDER :
CHANDRA DHARI SINGH, J.
1. The instant bail application has been filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) (now Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking regular bail in complaint case no. VIII/42/DZU/21 registered under Sections 22(c)/23(c)/29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter “NDPS”) at Police Station –Narcotics Control Bureau (hereinafter “NCB”).
2. As per the prosecution, on 26th July, 2021, secret information was received by Sh. JP Singh, Investigating Officer, NCB-DZU that a parcel bearing no. 8007134192 containing narcotics and psychotropic substance destined to United States is lying at DHL Express Pvt. Ltd.
3. Thereafter, the information was reduced into typing and was put before Assistant Director, NCB-DZU who marked the same with the direction to take necessary actions as per the law under the NDPS Act. The raiding team was constituted and they, along with the field-testing kit and all the requisite items required for search and seizure proceedings, reached DHL Express Pvt. Ltd., 71/3 Rama Road, Near Kirti Nagar, New Delhi at about
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The court ruled that mere procedural lapses do not justify bail in cases involving commercial quantities of narcotics, emphasizing the presumption of conscious possession under the NDPS Act.
Lack of direct evidence of conscious possession under NDPS Act warrants bail when the prosecution fails to establish knowledge or control over contraband.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The judgment established that the gravity of the offence, the impact of the illicit drug trade, and the concept of conscious possession are crucial factors in determining bail eligibility under the N....
The judgment emphasizes the importance of liberty and the need to avoid pre-conviction incarceration, balancing the recovery of contraband with the potential innocence of the accused and the impact o....
(1) Standard prescribed for grant of bail is ‘reasonable ground to believe’ that person is not guilty of offence.(2) Given seriousness of offences punishable under NDPS Act and in order to curb menac....
Bail – While duration of detention is a relevant factor, it cannot override bar of Section 37 NDPS Act – Court must balance personal liberty against need to prevent further risk to public safety and ....
The main legal point established in the judgment is that possession of commercial quantity contraband invokes the rigour of Section 37 of the NDPS Act, precluding bail. The judgment also emphasizes t....
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act in restricting bail for offences involving commercial quantity of narcotics. The court emphasi....
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