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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR
Pravinbhai Nagjibhai Thakor – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Hasmukh D. Suthar, J.
[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
[2.0] By way of present successive application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant is seeking regular bail in connection with FIR being CR No.11195018240665 of 2024 registered with Dhanera Police Station, District Banaskantha for the offence under Sections 8 (C), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”).
[3.0] Heard learned advocate for the applicant and learned APP for respondent – State of Gujarat.
[4.0] Learned advocate for the applicant has submitted that the applicant is innocent and in the present case, charge-sheet is filed and nothing is required to be recovered or discovered from the present applicant. Further, the applicant is arraigned as accused only on the basis of statement of co-accused and applicant was not having any knowledge about the muddamal contraband. It is submitted that if the present applicant is not released even after filing of charge-sheet, then his future career will be ruined as he will
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 court reaffirmed that bail under the NDPS Act for commercial quantities requires demonstrating reasonable grounds for innocence, emphasizing societal interests over individual liberties.
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 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 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 court emphasized that possession of a substantial quantity of narcotics justifies denial of bail, prioritizing societal safety over individual liberty in drug-related offenses.
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