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GANESH RAM MEENA
Jairam Vishnoi S/o Bhanwar Lal Vishnoi – Appellant
Versus
N. C. B. through Special Po of NCB – Respondent
ORDER :
1. This bail application has been filed by the accused petitioner under section 439 CrPC in connection with FIR No. VIII(IO)09/NCB/JZU/2020 registered at Police Station NCB Jodhpur for the offences punishable under Section 8/18, 8/25, and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’).
2. The FIR No. VIII(IO)09/NCB/JZU/2020 was registered with the facts that a secret information was received by one Mr. Banshilal Jat on 19.05.2020 at 10:30 AM and he along-with team reached Peeplaz Toll Plaza, NH-8, where one truck bearing number RJ-19GA-5989 was seen coming from Kishangarh. After stopping the said truck, the name of the driver was asked. The truck driver stated his name as Jairam Vishnoi (petitioner). During the course of search of the truck, inside the seat which was in the back side of the seat of driver, in four plastic ken, liquid substance opium 58.640 kg was found and recovered. He (accused petitioner) was asked about the licence but he told that he is not having any such licence for the same thereafter the petitioner was arrested.
3. Counsel appearing for the accused petitioner submitted that the accused petitioner has fals
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.
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 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 NDPS Act mandates strict conditions for bail in cases involving commercial quantities of narcotics, requiring clear evidence of innocence.
The court reinforced that possession of commercial quantities of narcotics creates a presumption of guilt, placing the burden on the accused to prove otherwise.
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