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A. Y. KOGJE, SAMIR J. DAVE
Mantejsingh @ Mantej Mann @ Micky Sawinder Singh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. 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 under Section 21 of the National Investigation Act for the offences punishable under Sections 120B of IPC, under Sections 8(C), 21(C), 25, 27(A) and 29 of the NDPS Act and under Sections 17 and 18 of the Unlawful Activities (Prevention) Act by the appellant for following reliefs:-
The appeal is filed by the appellant for following relief:-
2. Learned advocate for the appellant submits that the appellant was not named in the FIR registered with the ATS Gujarat nor he is named in the chargesheet of the said case. It is submitted that the allegations in the said FIR was pertaining to the smuggling and distribution o
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 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 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....
The court emphasized that serious charges and lack of indicia of innocence justify bail denial, underlining procedural integrity and statutory compliance in unlawful activity cases.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
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