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GANESH RAM MEENA
Shakti Gurjar S/o Mohan Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This bail application has been filed by the accused petitioner under section 439 CrPC in connection with FIR No. 0707/2023 registered at Police Station Shivdaspura, District Jaipur City (South) for the offence punishable under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’).
2. The FIR No. 0707/2023 at Police Station Shivdaspura, District Jaipur City (South) was registered after search of vehicle Honda Amaze Car and during the course of search, contraband-Methylene Dioxy Methamphetamine (for short ‘MDMA’) weighing 25.41 gms. was found.
3. Counsel appearing for the accused petitioner submitted that the Narcotic Drug which was seized from the possession of the petitioner was for self consumption. He further submitted that there is violation of Section 42 of the Act of 1985 because the vehicle from which the contraband has been seized is a private vehicle and the Officer who seized the contraband is of range of Sub Inspector, who is not authorized. He further submitted that there is violation of Section 43 of the Act of 1985 also.
4. Counsel appearing for the accused petitioner further submitted that the search of the vehic
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.
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.
Possession of narcotics exceeding commercial quantity creates a presumption of guilt under the NDPS Act, 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.
The court reinforced that possession of narcotics in commercial quantities creates a presumption of guilt, placing the onus on the accused to prove otherwise.
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