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GANESH RAM MEENA
Bhagwan Singh S/o Prabhulal Tanwar – Appellant
Versus
Central Bureau of Narcotics – Respondent
ORDER :
1. This bail application has been filed by the accused petitioner under section 439 CrPC in connection with FIR No. 02/2023 registered at Central Bureau of Narcotics, Kota for the offence punishable under Section 8/21 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’).
2. Facts of the case in nutshell are that on 06.03.2003 a secret information in regard to possession and transportation of illegal Narcotic drugs was received as regards the accused petitioner. The Superintendent, CBN, Kota constituted a team to verify the secret information received by the Preventive Team. The Preventive Team reached at the indicated place Mandana Toll Plaza, Kota Jhalawar Road, Kota in a private vehicle. At about 10:30 hrs. Rajasthan Lok Parivahan Bus bearing number RJ-20 PB 1816 was seen coming from the side of Jhalawar towards Kota which was stopped at Mandana Toll Tax by hand indication. On stoppage of bus driver, Sajid Khan and conductor Lalchand was given introduction by the complainant by showing confidential information about heroin smuggler Bhagwan Singh son of Prabhulal. Said person sells heroin in Kota after receiving the same from smuggler
Under the NDPS Act, possession of narcotics exceeding commercial quantity creates a presumption of guilt, placing the burden of proof on the accused to establish innocence.
The court reaffirmed that possession of commercial quantities of narcotics creates a presumption of guilt, placing the onus on the accused to prove otherwise.
In narcotics cases involving commercial quantities, the accused bears the burden of proving innocence to be eligible for bail under the Narcotic Drugs and Psychotropic Substances Act.
The court reinforced that possession of narcotics in commercial quantities creates a presumption of guilt, placing the onus on the accused to prove otherwise.
The court ruled that bail cannot be granted under the NDPS Act unless there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court reinforced that possession of commercial quantities of narcotics creates a presumption of guilt, placing the burden on the accused to prove otherwise.
The NDPS Act mandates strict conditions for bail in cases involving commercial quantities of narcotics, requiring clear evidence of innocence.
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
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