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DIVYESH A. JOSHI
Sultan Habib Lodhda – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.III-02 of 2022 registered with the Anti-Terrorist Squad Police Station, Ahmedabad of the offence punishable under Sections 8(c), 21(c), 23(c), 25 and 29 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”).
BRIEF BACKGROUND
2. The complaint was filed on 26.04.2022 through J.M. Patel, Police Inspector, Anti-Terrorist Squad, Ahmedabad stating that on 23.04.2022 Shri Bhavesh P. Rojiya, Deputy Superintendent of Police, received a secret information at 20:00 hours that one Mustufa Aiyub Miyana of Karachi Pakistan has supplied a huge cache of narcotic substance heroin in a rowboat called ‘Al-Haj’ to be delivered to one person named Kali on 24.04.2022 between 22:00 and 24:00 hours in the night at Channel No.88 of VHF Radio which comes within the coastal territory of Jakhau Port, India, which narcotic substance would then be delivered to one Avtarsingh and Raj hailing from Okhla Vihar, South Delhi. The information was reduced into writing and forwarded to Shri Sunil Joshi, Superinte
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
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.
The court ruled that bail under the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, emphasizing the serious nature of drug trafficking.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
The rigors of Section 37 of the NDPS Act apply in cases involving trade in commercial quantity of narcotics. The court must be satisfied that there are reasonable grounds for believing that the accus....
A bail application under NDPS Act must meet stringent conditions, proving reasonable grounds for the accused's innocence and likelihood of non-reoffending, reflecting legislative intent to combat dru....
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