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DIVYESH A. JOSHI
Mukhtarhussain @ Jabbar Jodiya Noormamad Rao (UTP) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Divyesh A. Joshi, J.)
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present successive application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.III-05 of 2021 registered with the ATS Station, Ahmedabad of the offence punishable under Sections 8(C), 22 (C), 23 (C), 25 and 29 of the NDPS Act.
3. The case of the prosecution, in brief, is that on the basis of the secret information, the police authority raided the house of the accused No.1 at Morbi, where the accused Nos.1 and 2 were present in the house and accordingly search was conducted of the said house, upon which, Heroin drug of 118.650 kilogram in 15 different packets were found and seized by the police, pursuant to which, the applicant-accused, along with the other co-accused, came to be arrested. Hence, the impugned FIR.
4. Learned advocate Mr. S.D. Mansuri for the applicant submits that the applicant-accused was arrested on 15.11.2021, and since then he is in judicial custody. He further submits that the investigation has already been completed and ch
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 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 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 court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
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 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, ....
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
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