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BUDI HABUNG
Basit Uddin S/o Shri Foiaz Uddin – Appellant
Versus
State of Arunachal Pradesh – Respondent
Question 1?
JUDGMENT :
BUDI HABUNG, J.
1. Heard Ms. T.Y. Bhutia, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional PP for the State of AP.
2. This is an application filed under section 482 of the Code of Criminal Procedure, 1973 (section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with section 439 of the Code of Criminal Procedure, 1973 (section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) for quashing and setting aside of the orders dated 12.12.2023, 23.02.2024, 08.04.2024 and 03.05.2024, passed by the learned Special Judge (NDPS), Bomdila for release of the accused, Shri Kamal Uddin on previous bail granted by this Court on 31.10.2022.
3. The case of the petitioner is that on 24/07/2022, an F.I.R was submitted by one Shri Sochi Don (Inspector, Seppa Police Station) against the accused person, Shri Apu Venia, after receiving information from reliable sources that the accused person was carrying some contraband substance with him and travelling in a bus from Itanagar to Seppa. After intercepting the vehicle in which the accused person was travelling, the Police team recovered suspected heroin weighing 54.33 gms with the weight of the vials and 5.38
The court ruled that a Non-Bailable Warrant cannot be issued without prior cancellation of bail and due process, emphasizing the necessity of following legal procedures.
Public safety in narcotics cases supersedes technicalities. Bail can be revoked under Section 439(2) if new circumstances arise, reflecting the need to protect life and liberty. The burden of proof o....
The court ruled that a bail order confirmed by a higher court cannot be revoked by a co-ordinate bench without new evidence and proper procedures.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The granting of bail under the NDPS Act must strictly adhere to statutory requirements; mere absence of contraband possession does not negate the necessity for robust scrutiny of evidence against the....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Bail once granted cannot be cancelled in a mechanical manner.
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