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SANJAY KUMAR MEDHI
Aminul Islam S/o Efazuddin Ahmed @ Efazzuddin Ahmed – Appellant
Versus
Narcotic Control Of Bureau Guwahati Zonal – Respondent
JUDGMENT & ORDER :
Heard Shri A. Ahmed, learned counsel for the petitioner, namely, Aminul Islam, who has filed this application under Section 439 CrPC seeking regular bail in connection with NDPS Case No. 60/2019 arising out of NCB Crime No. 03/2019 registered under Section 8(c) and punishable under Sections 21(c)/22(c)/29 of NDPS Act, 1985. Also heard Shri SC Keyal, learned Standing Counsel, NCB.
2. At the outset, this Court has been informed that on earlier two occasions, the prayer for bail of the petitioner has been rejected by this Court. At the time of filing of the present petition, it was revealed that the Final Report was already filed. Subsequently, it has also been informed that a supplementary complaint under Section 173(8) of the CrPC read with Section 63A of the NDPS Act, 1985 was also filed on 09.03.2021.
3. The petitioner was arrested on 06.10.2020. In paragraph 12 of the petition, it has been admitted that the petitioner was already in custody in connection with Chapar PS Case No. 367/2020 under Section 22(b) of the NDPS Act.
4. In terms of the order passed earlie
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 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 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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
The rigors of Section 37 of the NDPS Act apply in cases involving trade in commercial quantity of narcotics. The court must be satisfied that there are reasonable grounds for believing that the accus....
The main legal point established in the judgment is the strict application of bail provisions under the NDPS Act, considering the nature of the contraband, the quantity, and the nature of the accusat....
Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.
In NDPS commercial quantity cases, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
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