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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Allah Noor – Appellant
Versus
Narcotic Control Bureau – Respondent
| Table of Content |
|---|
| 1. facts of the drug trafficking case. (Para 2) |
| 2. court hears arguments and reviews evidence. (Para 3) |
| 3. arguments concerning the evidence against the petitioner. (Para 4 , 5 , 6) |
| 4. legal conditions for granting bail under ndps act. (Para 7 , 8 , 9 , 10) |
| 5. conclusion: bail application dismissed. (Para 12) |
JUDGMENT
Subramonium Prasad, J. This petition under Section 439 Cr.P.C is for grant of bail to the petitioner in Case No. VIII/32/DZU/2019 registered at Narcotics Control Bureau, R.K. Puram, Delhi for offences under Sections 8(A)/21(C)/23(C)/29 of the NDPS Act.
2. The facts, in brief, leading to the filing of the instant petition are as under:
a) It is the case of the prosecution that on 17.08.2019, at about 11:30 AM, secret information was received that one person namely Noorzai Gul Amin is arriving by Ariana Airlines Flight No. FG-311 at Terminal-3, I.G.I Airport. He has swallowed narcotic drugs in the form of capsules. The said information was reduced into writing by the Investigating Officer. The note was put up before his superior officer. Accordingly, a team was formed to take necessary action. At the IGI Airport the said person was identified and intercepte
The court emphasized that under the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to offend again, reaffirming the need for s....
Narcotic Drugs - Bail Application dismissed - Heroin - Powers of High Court or Court of Session regarding bail - Power to grant bail is not only subject to limitations contained under S. 439 CrPC, bu....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
Bail under the NDPS Act requires evidence proving reasonable belief in the accused's innocence and no risk of reoffending, with the burden on the accused to demonstrate these conditions.
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
The rigors of Section 37 of the NDPS Act apply in cases involving trade in commercial quantity of narcotics. The court must be satisfied that there are reasonable grounds for believing that the accus....
Points of law : Grant or rejection of bail under the NDPS Act is governed by Section 37 of the Act. Under Section 37 of the Act, the court before granting bail has to be satisfied that there are reas....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
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....
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