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IN THE HIGH COURT OF DELHI AT NEW DELHI
ARUN MONGA
Naveen Handa – Appellant
Versus
Central Bureau Narcotics – Respondent
JUDGMENT :
ARUN MONGA, J.
1. Claiming himself to be falsely implicated, the applicant herein, a licensee under the Drugs and Cosmetics Act, 1940 and carrying out the business of drugs and medicines (scheduled under NDPS Act), is before this Court seeking bail for alleged offences committed under Sections 21, 22, 29 and 30 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act'), for which a case has been registered by Central Bureau of Narcotics of Delhi bearing No.PDI/DEL/Seizure/4/2024.
2. Succinct facts as pleaded in the bail application are as follows: On 13.02.2024, a team of inspectors from the Central Bureau of Narcotics(CBN), New Delhi, conducted a search at the premises of M/s Vin Healthcare in the absence of the applicant. A personal search of all individuals present yielded no incriminating material. The team then inspected the stock of NDPS medicines and found discrepancies between the recorded stock and the actual inventory.
2.1. In light of these discrepancies, the applicant was informed of his rights under Section 50 of the NDPS Act. He gave written consent for a search. A detailed search of the premises led to the seizure of various NDPS drugs, which were s
A licensed dealer's presumption of innocence remains until proven guilty, and violations of procedural rights can merit bail even with substantial allegations.
In cases involving the NDPS Act, strict compliance with statutory safeguards, particularly those related to arrest and seizure procedures, is crucial to ensure the protection of individual rights and....
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
Mandatory compliance with safeguards in Section 50 of the NDPS Act and the burden placed on the accused under Section 37 of the NDPS Act.
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
Compliance with procedural requirements under the NDPS Act, the weight of seized substances, and the impact of the COVID-19 pandemic on bail applications.
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
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