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DELHI HIGH COURT
SUDHIR KUMAR JAIN
Pankaj – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. bail application details and facts of the arrest (Para 1 , 2) |
| 2. prior bail applications and judicial responses (Para 3 , 4) |
| 3. arguments regarding the nature and possession of the seized substance (Para 5 , 6) |
| 4. provisions of ndps act regarding bail conditions (Para 7) |
| 5. court's reasoning for denying bail (Para 8 , 9) |
JUDGMENT
Sudhir Kumar Jain, J.
1. The petitioner filed present bail application under section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for grant of regular bail in FIR bearing No. 899/2020 dated 04.11.2020 registered under sections 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").
2. The brief facts of the case are that on 04.11.2020 at around 2:00 PM in the afternoon, the petitioner along with co-accused Pankaj Giri was apprehended by the patrolling police on the Kanjhawala link road, Stone Market, Mangol Puri. The petitioner and co-accused were found to be carrying 22 kg and 81 kg of `ganja' respectively. The petitioner found to be carrying 22 kg of `ganja' on a TVS Scooty bearing no. DL11SW2226 and was pushing the rickshaw from behind with his
The court emphasized the cumulative conditions for bail under the NDPS Act, requiring reasonable grounds for believing the accused is not guilty and not likely to re-offend.
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 ....
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 main legal point established in the judgment is the interpretation of the definition of 'ganja' under the NDPS Act, emphasizing that seeds and leaves are excluded from the definition only when no....
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.
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 court emphasized strict compliance with Section 37 of the NDPS Act, concluding there were no reasonable grounds for believing the petitioner was not guilty due to his significant role in drug sup....
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