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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Nirmit Krishnakumar Jadeja – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. bail application filed under bnss for ndps act. (Para 1 , 3) |
| 2. arguments presented for and against bail based on possession and consumption. (Para 4 , 5) |
| 3. court analysis on the evidence and applicant's previous applications. (Para 7 , 9 , 10 , 11) |
| 4. court's reasoning regarding the strict laws under ndps act. (Para 8) |
| 5. final order dismissing the bail application. (Para 12 , 13) |
ORDER :
1. Learned APP waives service of notice of Rule for and on behalf of the respondent-State of Gujarat.
1.1 The present third successive bail application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “ BNSS ”) for regular bail in connection with FIR being C.R. No. 11210070240784 of 2024 registered with Bhestan Police Station, District Surat for the offence under Sections 8 (c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”).
2. Heard learned advocate for the applicant and learned APP for respondent – State of Gujarat.
3. Case of the prosecution is that officers of DCB Police Station on the basis of secret information, caught the accused No.1 Nirmit Krishnakumar Jadeja (present applicant), w
The court reaffirmed that bail under the NDPS Act for commercial quantities requires demonstrating reasonable grounds for innocence, emphasizing societal interests over individual liberties.
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 NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
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 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 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 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....
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....
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