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MITALI THAKURIA
Gangjam Gangsa, S/o Late Gahgang Gangsa – Appellant
Versus
State Of A. P. – Respondent
ORDER :
Heard Mr. T. Tapak, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.
2. This is an application under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused, who has been languishing in jail hazot in connection with Longding P.S. Case No. 49/2022, under Section 21(c) of the NDPS Act, 1985.
3. Scanned copy of the LCR has already been received and I have perused the same.
4. It is submitted by Mr. Tapak, learned counsel for the petitioner, that the accused is innocent and no way connected with the alleged offence and she was arrested merely on suspicion. More so, the investigating authority has already filed the Charge-Sheet and the FSL report is also filed along with additional Charge-Sheet. Further, as the case has already been Charge-Sheeted, there is no probability of influencing the witnesses or hampering or tampering the evidences. However, the learned Special Judge, Khonsa, rejected the earlier bail petition on the ground of non-receipt of FSL report and subsequently rejected the prayer for bail stating that as FSL report has been received, the accused cannot be g
The provisions of Section 37 of the NDPS Act set limitations on granting bail for offences punishable for a term of imprisonment of five years or more under the Act, and the previous record of the ac....
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 and lack of criminal history can justify bail under the NDPS Act, despite the commercial quantity of drugs involved.
The NDPS Act imposes stringent parameters for granting bail, requiring prima facie satisfaction that the accused is not guilty and is not likely to commit further offences, and the presumption of gui....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, emphasizing the right to personal liberty under Article 21.
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21.
The right to bail in NDPS Act cases hinges on fulfilling stringent conditions under Section 37, prioritizing public safety and preventing absconding, especially when accusations involve significant q....
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