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GANESH RAM MEENA
Rahul Jangid S/o Shri Vinod Kumar Jangid – Appellant
Versus
NCB, through Special Public Prosecutor – Respondent
ORDER :
1. Instant criminal misc. bail application has been filed by the accused petitioner under section 439 Cr.P.C. in connection with Case No. VIII(10)/02/NCB/JPZU/2024 dated 03.02.2024 registered at Police Station Narcotics Control Bureau, Zonal Unit, Jaipur for the offences punishable under sections 8(c), 22(c), 27 read with section 29 of the NDPS Act, 1985.
2. The Case No. VIII(10)/02/NCB/JPZU/2024 was registered with the facts that as per the secret information received, on 02.02.2024 the Narcotics Bureau, Regional Unit, Jaipur, seized 10 LSD blot paper weighing 04 gm. from a parcel tracking number ET987749165IN at Sub Post Office, Vaishali Nagar. After seizure of material a dummy parcel was prepared and was sent through the Postman Dharamveer to Rahul Jangid at his address 75A, Saraswati Path, Karni Vihar, Ajmer Road, Jaipur and was handed over to him after verifying his identity and such act of him is offence under section 8(c), 22(c), 27 and 29 of the NDPS Act.
The accused Rahul Jangid in his statement recorded under section 67 of the NDPS Act has admitted that he made order for 7 parcels. On 03.02.2024 other parcel containing 23.4 gram ganja was seized from the Post Office.
The NDPS Act mandates strict conditions for bail in cases involving commercial quantities of narcotics, requiring clear evidence of innocence.
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 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.
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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