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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATEEK JALAN
Gulhasan Gulsher Khan – Appellant
Versus
Directorate Of Revenue Intelligence – Respondent
| Table of Content |
|---|
| 1. prosecutor's case outlined concerning the petitioner. (Para 1 , 2 , 3) |
| 2. arguments for and against granting bail. (Para 4 , 5 , 6 , 7) |
| 3. legal standards for bail applications involving ndps act. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. impact of prolonged incarceration on bail consideration. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. consideration of contextual factors in bail decisions. (Para 21 , 22 , 23 , 24) |
| 6. final order for bail issuance. (Para 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
PRATEEK JALAN, J.
1. The petitioner seeks regular bail in connection with FNO.DZU/34/ENQ-02/2022 dated 07.03.2022 and 08.03.2022, for the offences punishable under Sections 21 (c), 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”].
A. PROSECUTION CASE
2. The case of the prosecution is as follows:
a. The petitioner herein is the proprietor of M/s. Seven Seas Global Shipping Company [“Seven Seas”], which was named as the consignee of a consignment of goods imported under Bill of Entry No. 7748800 dated 05.03.2022 [“the consignment”].
b. Upon an information from the National Customs Targeting Centre, the officers of the Directorate of Revenue Intelligence [“DRI”] e
The court found that the prolonged incarceration of the petitioner and the failure to establish conscious possession warranted the grant of bail under the NDPS Act, balancing his right to liberty and....
Prolonged incarceration without trial infringes the fundamental right to personal liberty under Article 21, requiring bail to be granted in cases of no substantive evidence against the accused and ex....
The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the....
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Prolonged incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
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