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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Seikhongam Haokip, S/O Late Paojatong Haokip – Appellant
Versus
Union Of India Represented By The Learned S/C NCB – Respondent
| Table of Content |
|---|
| 1. details on charges and arrest (Para 2 , 3 , 4 , 5 , 6) |
| 2. rights and arguments for bail (Para 7 , 8 , 9) |
| 3. compliance with arrest procedure (Para 10 , 11 , 12) |
| 4. prolonged incarceration as a factor for bail (Para 13) |
| 5. importance of evidence and previous cases (Para 14 , 15 , 19) |
| 6. conclusion on the bail application (Para 20 , 21) |
JUDGMENT :
Anjan Moni Kalita, J.
Heard Mr. D. Ullah, learned counsel appearing for the accused-applicant. Also heard Mr. S. C. Keyal, learned Standing Counsel, NCB.
2. The instant application has been filed, under Section 483 of the BNSS, 2023, for granting bail to the accused-applicant in connection with NDPS Case No. 16/2024, under sections 21(C)/29 of NDPS Act, in connection with NCB Guwahati Crime No. 12/2023, pending before the Court of Addl. District & Sessions Judge No. 1, Kamrup (M), Guwahati.
3. Case was registered as NCB Crime No. 07/2025, under the aforesaid sections before the aforesaid Trial Court. The accused applicant was arrested on 01.08.2023 and since then, he is in judicial custody.
4. It is seen from the records that the accused-applicant had earlier, on two occasions, approached this Court for his bail, however, on both th
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.
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 strict compliance with procedural safeguards under the NDPS Act, highlighting that significant lapses can undermine the prosecution's case, especially in light of prolonged incar....
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
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