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MANISH CHOUDHURY
Jitender Sah S/o Mangal Sah – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [‘the BNSS, 2023’, for short] is preferred by the accused-petitioner viz. Sri Jitender Sah seeking his release on bail in connection with Special Case no. 37 of 2024, arising out of South Police Station Kohima Case no. 34/2024. The crime case, South Police Station Kohima Case no. 34/2024 has been registered for the offences under Sections 22/27A/29[1] of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short] read with Section 3[5] of the Bharatiya Nyaya Sanhita, 2023 [‘the BNS 2023’, for short].
2. On 22.07.2024, on the basis of Suo Moto First Information Report [FIR] lodged by one Ketoulikho Ngukha, ABSI before the Officer In-Charge, South Police Station Kohima, the crime case, South Police Station Kohima Case no. 30/2024 came to be registered for the offences under Section 27[a][b]/21[a] of the NDPS Act r/w Section 35 of the BNS, 2023. In the said FIR, it was alleged that on 22.07.2024, a combined team of Police personnel of South Police Station Kohima apprehended 3 [three] persons from New Police Reserve, Phesama along with suspected heroin powder. Fro
The court emphasized that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses while on bail.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
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 court emphasized the mandatory conditions under Section 37 of the NDPS Act for granting bail, requiring reasonable grounds for believing the accused is not guilty and assurance against further of....
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 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 under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
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