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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Abul Kalam @ Sultan – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. bail application overview and facts (Para 1 , 2 , 3) |
| 2. investigation details and evidence (Para 4 , 5 , 6 , 7 , 8) |
| 3. legal criteria for bail under ndps act (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. decision to dismiss bail application (Para 15) |
JUDGMENT
Subramonium Prasad, J. The petitioner seeks bail under Section 439 Cr.P.C in FIR No. 161/2020 dated 22.06.2020 registered at Special Cell for offences under Sections 21 , 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. The brief facts leading to the present case are as follows--
a) On receipt of information, some mobile numbers were put on surveillance after obtaining requisite permissions. On 22.06.2020, Office of Special Cell, NR, Rohini was given a tip about supply of heroin by one Md Samiual @ Raj and Md Mukhtiyar, residents of West Bengal that they were bringing heroin from Manipur to Delhi. It was also informed that they would be supplying heroin at Nigam Bodh Ghat on Ring Road towards ISBT Kashmiri Gate and they would be in a pick-up vehicle bearing No.WB-73B-4972 between 11:00 AM to 1:00 PM.
b) Information was received by SI Raj Singh and he informed Inspector Puran Pant
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.
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 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 significance of intercepted phone conversations, matching voice samples, and large recovery of contraband in establishing the existence of a co....
The court denied bail under the NDPS Act due to substantial evidence of involvement in drug trafficking and failure to prove innocence, in line with stringent bail conditions.
The need for substantial probable causes for believing that the accused is not guilty of the alleged offence and the deleterious impact of narcotic drugs on society.
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....
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....
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