HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
UDAYPAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.188/2022 registered at Police Station Ghamoodwali, Dist. Sti Ganganagar, for the offences under Sections 8/22 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Having gone through the case file, this Court prima facie finds that as per the prosecution, on 28.10.2022, psychotropic substance (1000 tablets Cypremal-100SR containing tramadol) weighing 413 Gms. was recovered from the conscious possession of the present petitioner.
4. This Court is conscious of the judgment rendered by Hon’ble Apex Court in Narcotics Control Bureau Vs. Mohit Agarwal reported in 2022 SCC OnLine SC 89 wherein it was held that the length of incarceration is by itself not a consideration and that can be treated as a persuasive ground for granting relief under Section 37 of the NDPS Act.
5. In the opinion of this Court, if an accused is involved in criminal cases of serious nature, the Court should not be in a position to record a satisfaction in favour of the accused that there
The stringent conditions under Section 37 of the NDPS Act must be satisfied for bail, particularly in serious drug-related offenses.
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
The judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
Search and seizer of Contraband - Unless two conditions mandated under Section 37 of the NDPS Act are satisfied, an accused who is involved in offence relating to commercial quantity of contraband, c....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
Bail is the rule and jail is the exception; the court can relax stringent conditions under the NDPS Act in certain circumstances.
The court established that the stringent conditions for granting bail under Section 37 of the NDPS Act must be strictly adhered to, requiring substantial evidence to support claims of innocence.
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The court established that the quantity of contraband below the commercial threshold can be a significant factor in granting bail under the NDPS Act, particularly when the restrictions of Section 37 ....
Search and seizure - Grant of Bail - Section 43D (5) of UAPA merely provides possible ground for competent Court to refuse bail, in addition to the well settled considerations like gravity of offence....
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