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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Sunny @ Prem – Appellant
Versus
The State Nct Of Delhi – Respondent
| Table of Content |
|---|
| 1. context of bail application and charges. (Para 1 , 2) |
| 2. arguments against the arrest and bail application. (Para 3 , 4 , 5) |
| 3. prosecution's objections and applicant's criminal history. (Para 6 , 7 , 8) |
| 4. court's analysis on bail parameters. (Para 9 , 10 , 11 , 12) |
| 5. final decision on bail application. (Para 13 , 14) |
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.93/2021 dated 22.05.2021 registered under Sections 21 /25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Hereinafter ‘NDPS Act at PS: Crime Branch, Delhi.
2. As per FIR, on 22.05.2021 at about 06:10 PM, secret information was received at the Narcotics Cell, Crime Branch, Darya Ganj, Delhi that one person namely Sunny @ Prem/ applicant herein was going to supply a large quantity of heroin to some person near the Mazar situated at Ganda Nala, Sultanpuri between 07:30 PM to 08:30 PM. The same was reduced to writing vide DD No.34
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.
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.
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