Back
KALYAN RAI SURANA
Jitulali S/o Yasin Ali – Appellant
Versus
Union of India – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. K.N. Choudhury, senior advocate, assisted by Ms. T. Som, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the Narcotics Control Bureau (NCB for short).
2. The petitioner, who was arrested on 19.12.2022 in connection with NDPS Case No. 23/2023 (arising out of NCB Crime No. 24/2022) under section 21(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short), has prayed for bail under section 439 of the Cr.P.C.
3. This application was filed on 27.09.2024, and by this time Criminal Procedure Code has been repealed. Nonetheless, this application is treated as one under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short).
4. On 16.12.2022, pursuant to receipt of secret information, the personnel of Narcotics Control Bureau (NCB for short) have seized 153.2 kgs. of ganja (cannabis), 179 gms. of Methamphetamine tablets, 1.020 kgs. of brown sugar suspected to be heroin and 16 bottles of Anrex- CP codeine at House No. B/71, Railway East Colony, Amingaon, Kamrup.
5. During such time, other two accused persons, namely, Jitul Ali (i.e. petitioner) and Atiqur Rahman a
The absence of a chemical examination report does not render a bail application incomplete under the NDPS Act; the petitioner must satisfy the twin conditions for bail.
The court ruled that under the NDPS Act, bail requires reasonable grounds for believing the accused are not guilty and unlikely to offend again, regardless of detention length.
In NDPS commercial quantity cases, bail requires strict satisfaction of Section 37 twin conditions: reasonable grounds believing not guilty and no reoffending risk. Prolonged detention, trial delays ....
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.
Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
The main legal point established in the judgment is that the delay in trial and non-compliance of certain provisions of the NDPS Act can violate the constitutional rights of the accused under Article....
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
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
