Back
A. Y. KOGJE, SAMIR J. DAVE
Indresh Rambachan Nishad – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. Leave to add State as party respondent No. 2.
1.1 The appeal is filed by the appellant under Section 21 of the National Investigation Agency Act for the offenses under Sections 120B of the IPC, under Sections 21(c), 8(c), 25 and 29 of the of the NPDS Act for following reliefs:
(B) Your Lordships be pleased to grant this application by releasing the applicant on regular bail in connection F.I.R. being C.R. No. RC-26/2020/NIA/DLI registered with NIA Head Quarters Police Station, New Delhi, in the interest of justice.”
2. Learned Advocate for the appellant has submitted that the appellant is implicated and arraigned as an accused no. 9 in connection with F.I.R. no. RC-26/2020/NIA/DLI (arising out of FIR being C.R. No. III-1/2018 registered with NIA Head Quarters Police Station, New Delhi
The court upheld the invocation of the National Investigation Agency Act and the Unlawful Activities (Prevention) Act for the investigation of organized crime involving the transportation of narcotic....
The judgment emphasizes the seriousness of organized crimes, the application of UAPA, and the twin test under Section 37 of the NDPS Act in determining bail applications.
The organized nature of the crime, prima facie evidence, and the serious impact of the offense on society influenced the court's decision to reject the bail application.
The court's decision emphasized the serious nature of the offenses, the organized network involved, and the prima facie evidence supporting the role of each accused.
The court established that under the UAPA, particularly Section 43D(5), the standard for denying bail is based on whether the accusations are prima facie true, which requires a careful examination of....
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
