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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Anant @ Montu Jalarambhai Thakkar – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
1. By way of the present successive pre-arrest bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11191021240422 of 2024 registered with Gaekwad Haweli Police Station for the ofences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act for short).
2. Rule. Learned APP Mr. Patel waives service of Rule for the Respondent State.
3. Learned counsel for the applicant submitted that the applicant is completely innocent and has not played any role in the alleged offence. He has been falsely implicated in the present case. It was further submitted that the accused No. 1 is involved in the illegal sale of cough syrup in the Jamalpur area. A raid was carried out at the residence of the accused No.1, during which a total of 197 bottles of cough syrup containing codeine were seized, and an offence was registered against him. During the investigation, other accused individuals are sought to be impl
Successive anticipatory bail applications require a change in circumstances; otherwise, they may be dismissed due to the serious nature of the offence and need for custodial interrogation.
The court emphasized that under the NDPS Act, the burden of proof shifts to the accused, especially in cases involving commercial quantities of narcotic drugs, necessitating custodial interrogation.
Anticipatory bail under the NDPS Act requires strict compliance with statutory conditions, and non-cooperation with investigation justifies denial due to risks of evidence tampering.
Anticipatory bail under the NDPS Act requires strict scrutiny; substantial evidence indicating involvement in drug trafficking compels rejection of bail despite claims of minor involvement.
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
The main legal point established is that for grant of anticipatory bail under the NDPS Act, there must be reasonable grounds to believe the accused is not guilty and is not likely to commit an offens....
The absence of independent corroborative evidence beyond a co-accused's confession does not suffice to deny anticipatory bail under the NDPS Act, provided the accused shows reasonable grounds for bel....
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.
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