Back
DIVYESH A. JOSHI
Dhamdaram @ Gamdaram Keshraram @ Khetaram Chaudhary – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. 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.11217030230060 of 2023 registered with the Siddhpur Police Station, Patan of the offence punishable under Sections 8(C), 22(B) and 29 of the NDPS Act.
3. In nutshell the allegations made in the complaint are that while the complainant along with other police staff were on patrolling duty on 19.01.2023, at around 22:30, they received a secret information from the reliable sources that one motorcycle- borne person will reach near Khadi cross-road at around 12:00 to 2:00 hours for delivering the contraband substance Mephedrone and the number of the motorcycle is GJ-21-R-5899, which information then reduced into writing and forwarded to the Superintendent of Police, Patan.
3.1 Thereafter, as the trap had to be arranged, Panchas were also called for and got acquainted with the inputs received by the police. Then, after following requisite internal search procedure, they left for the place under information.
3.2 Aft
The main legal principle established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act in drug trafficking cases, emphasizing the gravity of the offence, ....
The central legal point established in the judgment is the interpretation of 'reasonable grounds' for granting bail under Section 37 of the NDPS Act and the determination of commercial quantity based....
The statutory requirements for bail under the NDPS Act necessitate proof of reasonable grounds for believing the accused is not guilty, which were not established in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
