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DELHI HIGH COURT
SWARANA KANTA SHARMA
Amjad Ali – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background of the case and arrest (Para 1 , 2) |
| 2. arguments regarding discrepancies and evidence submission (Para 3 , 4) |
| 3. court analysis on bail under ndps act (Para 5) |
| 4. citations emphasizing bail denial under ndps (Para 6 , 7) |
| 5. final decision on bail application (Para 8) |
ORDER
1. The present bail application has been filed by the petitioner seeking regular bail in FIR No. 141/2018 under Sections 21/29/61/85 of the NDPS Act, 1985 registered at Police Station Special Cell (Lodhi Road), New Delhi.
2. Brief facts of the instant case are that on 30.11.2018, on receipt of secret information, SI Ravi Kumar was informed that one Salim and his associate Amjad both resident of Malda West Bengal, on the direction of one Uvesh, resident of Faridpur, Bareilly, U.P. procures heroin from Malda and supplies the same in Delhi and Uttar Pradesh. He was also informed that they will be coming near Gokalpuri flyover for delivery of a huge consignment of heroin between 7:30 AM to 8:30 AM to Uvesh. The said information was reduced into writing and SI Ravi Kumar had produced the secret informer before Inspector Vivekanand Pathak, who had made enquiries from the secret info
In narcotic offences involving commercial quantities, bail cannot be granted unless the accused demonstrates reasonable belief of innocence and lack of reoffending risk, as mandated by Section 37 of ....
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.
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 main legal point established in the judgment is the requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence, as emphasized under Section 37 of the ND....
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 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....
Non-compliance with arrest procedure and statutory requirements under NDPS cannot alone invalidate prosecution; however, substantial evidence is necessary, especially for bail under Section 37.
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