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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Mohd. Jabir – Appellant
Versus
State Nct Of Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against bail application (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis and reasoning related to bail (Para 12 , 13 , 14 , 15) |
| 4. final decision on bail application (Para 16 , 17) |
JUDGMENT :
SAURABH BANERJEE, J.
1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Hereinafter ‘ BNSS read with Section 439 of the Code of Criminal Procedure, 1973, Hereinafter ‘Cr.P.C., the applicant seeks grant of regular bail in proceedings arising from FIR No.637/2020 dated 28.10.2020 registered under Sections 21 /29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Hereinafter ‘NDPS Act at PS: Bhalswa Dairy, Delhi.
2. As per FIR, on 27.10.2020 at about 07:45 PM, secret information was received at the Narcotic Cell, Outer North District, Delhi that one person namely Wasim was going to supply heroin to one Mohd. Jabir/ applicant herein near Bhalswa Chowk between 09:30 PM to 11:30 PM. The same, at the instance of the ACP, Operations Cell, Outer North District was reduced to writing vide DD No.7 at 08:15 PM. During a raid conducted by the raiding te
The strict conditions under the NDPS Act for bail must be met, including evidence of non-guilt and absence of risk of re-offence, which the applicant failed to demonstrate.
The court established that non-disclosure of grounds of arrest does not necessarily warrant bail under the NDPS Act, particularly when the applicant has significant criminal antecedents and the prose....
The court ruled that the applicant's prior offenses and lack of permanent ties in the country pose a high flight risk, thus failing to meet the bail conditions under the NDPS Act.
Courts must explicitly record twin satisfaction under NDPS Act Section 37(1)(b)(ii) for bail in commercial quantity cases; non-recording is jurisdictional defect rendering order unsustainable, even c....
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