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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR
Dipakbhai Satyanarayan Somani S/o Satyanarayan Somani – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. bail application details and prior proceedings. (Para 1 , 2 , 3 , 4) |
| 2. claims of innocence and trial delays. (Para 5 , 6 , 10 , 17 , 19) |
| 3. prosecution's arguments against bail. (Para 7 , 8 , 9) |
| 4. legal standards for bail under ndps act. (Para 11 , 12 , 13) |
| 5. societal impact of drug offenses. (Para 14 , 15 , 20) |
| 6. final ruling on the bail application. (Para 21 , 22) |
ORDER :
Hasmukh D. Suthar, J.
1) RULE. Learned APP waives service of rule for the respondent-State.
2) The present 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.11192050210302 of 2021 registered with Sanand Police Station, Dist. Ahmedabad Rural, for the offence under Sections 8 (c), 20(b)(ii)(C) and 29 of the NDPS Act.
2.1) At the outset, It is worth to mention that though Hon’ble Supreme Court has given specific direction in the case of Kusha Duruka Vs. State of Orissa, Cr.A. No.303/2024 on 19.01.2024, more particularly in para 20, that it is mandatory to mention in the application filed for grant of bail, details and copies of the earlier orders passed in the earlier bail applic
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
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 ruled that under the NDPS Act, bail requires reasonable grounds for believing the accused are not guilty and unlikely to offend again, regardless of detention length.
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 absence of a chemical examination report does not render a bail application incomplete under the NDPS Act; the petitioner must satisfy the twin conditions for bail.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
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.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
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