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GANESH RAM MEENA
Dhanraj @ Dhannalal S/o Madanlal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This bail application has been filed by the accused petitioner under section 439 Cr.P.C. in connection with FIR No. 0021/2024 dated 29.01.2024 registered at Police Station Sarthal District Baran for the offences punishable under sections 8/15 and 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’).
2. The FIR No. 0021/2024 was registered with the facts that a secret information was received by one Mr. Gambheer Singh, SHO, Police Station Sarthal, District Baran on 29.01.2024 in regard to taking contraband Doda Chura by the accused petitioner in a Swift Dzire Car bearing number RJ-01-CE518. Search of the vehicle was made and from the possession of the accused petitioner 57.980kg. ‘Doda Chura’ was recovered and seized. 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 submits that the accused petitioner has falsely been implicated in this case as he has nothing to do with the alleged incident. Counsel submits that the provisions of section 52A of the Act of 1985 have not been followe
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.
The NDPS Act mandates strict conditions for bail in cases involving commercial quantities of narcotics, requiring clear evidence of innocence.
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