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HIGH COURT OF GUJARAT
ILESH J. VORA, J
DENISH SURENDRA JOTA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
ILESH J. VORA, J.
1. By way of this successive bail application under Section 483 of B.N.S.S., 2023, the accused Denish Surendra Jota is seeking regular bail in connection with the FIR being I.CR. No. 11210015200082 of 2020 registered with DCB Police Station, Surat, for the offences punishable under Sections 8(c), 22 (c) read with Section 29 of the Narcotic Drugs and Psychotropic Substance Act,1985, (herein after referred to as ‘the NDPS Act’ for short ).
2. The applicant herein, arrested on 27.11.2021. Chargesheet against the applicant is filed on 20.05.2022, which culminated into Special NDPS Case No. 28of 2022.
3. The facts and circumstances giving rise to file present application are that, the police officials of the DCB Police Station, Surat received secrete information that the accused no. 1 Salman @ Aman Mohd. Hanif Zaveri, residents of Surat, is going in his car from Kuwada Tea Point to Surat City, for selling and transpiration of psychotropic substance. The information received on 22.09.2020 and same was noted down by the Officer and after following the procedure, the raid was conducted. The accused Salman was intercepted at the place mentioned in the information and d
Prolonged detention under NDPS Act violates Article 21 rights, allowing bail despite statutory restrictions when trial delays and co-accused releases justify constitutional override.
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
The court emphasized the distinct role of the present applicant compared to the co-accused and the prima-facie evidence of the applicant's involvement in the offence, highlighting the applicability o....
In narcotic offences, bail is only granted when it is proven that the accused is not involved with the contraband, with a stringent evaluation of public safety interests.
The court reaffirmed that bail under the NDPS Act for commercial quantities requires demonstrating reasonable grounds for innocence, emphasizing societal interests over individual liberties.
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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
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