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DELHI HIGH COURT
SWARANA KANTA SHARMA
Anuj Kumar Upadhyay – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of bail application and related arrest. (Para 1 , 2) |
| 2. arguments presented by both parties regarding bail. (Para 3 , 4) |
| 3. court's observations on evidence and bail implications. (Para 5 , 6 , 10 , 12) |
| 4. legal standards and interpretations of section 37 of ndps act. (Para 7 , 8 , 9 , 11) |
| 5. final decision on bail application and request for expedited trial. (Para 13 , 14 , 15) |
JUDGMENT
Swarana Kanta Sharma, J.
1. By way of the present application under Section 439 of Code of Criminal Procedure, 1973, the petitioner seeks grant of regular bail in case FIR bearing no.111/2016 registered under Sections 20/25/29 of the NDPS Act, 1985 at Police Station Crime Branch, Delhi.
2. Briefly stated, as per the case of prosecution, on receipt of secret information on 05.07.2016, SI Jai Prakash was informed that one Daya Shankar Rai @ Shankar Yadav, who is residing in Molarband Extention, Badarpur Border, Delhi and is a permanent resident of Bihar, procures ganja from Odisha via Moradabad, UP, and traffics the same along with his associate namely Anuj, who is a taxi driver. He was also informed that they will traffic ganja from Moradabad, UP in taxi of Anuj
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 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.
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 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: That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embo....
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....
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