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MANISH CHOUDHURY
Besu Ashurhu S/O Besu – Appellant
Versus
State Of Nagaland – Respondent
ORDER :
Manish Choudhury, J.
Heard Ms. Krovi Tsukru, learned counsel for the petitioner and Ms. Livika, learned Public Prosecutor, Nagaland for the respondent.
2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita [BNSS] Act, 2023 is preferred by the petitioner seeking bail in respect of the accused viz. L. Manio in connection with Special Case no. 40 of 2024 arising out of Narcotic Police Station Case no. 14 of 2024 registered for the offences under Section 24[c], Section 29 and Section 60 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985.
3. At the inception, it is appropriate to narrate the events, in brief, leading to the registration of Narcotic Police Station Case no. 14 of 2024.
3.1. On 16.08.2024, one UBSI named Zasilie Angami of the Narcotic Cell Police Station, Police Head Quarter, Nagaland, Kohima was detailed for MVCP duty along with other staff. During the period of MVCP duty in between Khuzama and Viswma, near Agri-link road, Khuzama village, a vehicle bearing Registration no. NL-01/H-1658 [Ford Figo Exi Duratec/Diamond] [‘the subject-vehicle’, for short] was intercepted at around 11-00/11-20 hours while the subject-vehicle
The court emphasized that bail for serious drug offences requires clear evidence of innocence and is subject to stringent statutory conditions.
The court ruled that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty, which were not established in this case.
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 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 bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
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.
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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
Bail – No person accused of an offence involving trade in a commercial quantity of narcotics is liable to be released on bail.
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