SAMIR J. DAVE, A. Y. KOGJE
Manzoor Ahmad Ali Mohammad Mir – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent-State. Learned advocate Mr. Kshitij Amin waives service of rule on behalf of respondent-NIA. The appeal is filed by the appellant for following reliefs:-
1. The appeal is filed by the appellant under Section 21 of the National Investigation Act, 2008 for the offences punishable under Sections 120B of IPC, under Sections 8(c), 21(c), 25, 27A, and 29 of the NPDS Act and under Sections 17 and 18 of the Unlawful Activities (Prevention) Act for following reliefs:-
2. Learned Advocate for the appellant has submitted that the appellant has been arrested on 20.10.2018 in connection with FIR No. 1 of 2018 registered with ATS Police Station, Ahmedabad reregistered as RC-26/2020/NIA/DLI with NIA Branch Office, Mumbai for offences punishable u/s. 120B of IPC, section 8(c), 21(c), 25, 27A, 29 of
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 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 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 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....
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