Back
SANJAY KUMAR MEDHI
Khaiminlal Touthang, S/o. Ngamsei Touthang – Appellant
Versus
State of Assam, Rep. by the PP, Assam – Respondent
JUDGMENT :
Heard Shri Serto T. Kom, learned counsel for the petitioner, namely, Khaiminlal Touchang, who has filed this bail application under Section 439 of the Cr.PC praying for bail in connection with Sonapur PS Case No. 585/2021 under 21(C)/24/29 of the NDPS Act.
2. The petitioner was arrested on 28.08.2021.
3. At the outset, it may be noted that the prayer for bail of this petitioner was rejected earlier vide order dated 18.04.2022 in Bail Appln./3706/2021.
4. Pursuant to earlier orders, the scanned copies of the case records have been transmitted to this Court.
5. Shri Kom, learned counsel for the petitioner makes the following submissions in support of his prayer for bail :
ii. Out of 6 arrested persons, 2 have been granted bail by this Court.
iii. There has been violation of the provisions of Section 52 A of NDPS Act, more specifically sub-section (4) thereof. It is contended that the inventory, photographs of the contraband, list of substance drawn and certified by the Magistrate wo
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....
The court ruled that in NDPS cases, the societal interest in preventing drug offenses outweighs individual liberty, necessitating strict adherence to bail conditions under Section 37 of the NDPS Act.
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
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 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.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
Severity of the offence and potential danger to society are key factors in denying bail under Section 439 of Cr.P.C. for offences under Section 8/15 of NDPS Act.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
