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SATYEN VAIDYA
Bhola Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
The petitioner has approached this Court for grant of bail under Section 439 Cr.P.C. in case FIR No. 36 of 2021, dated 16.02.2021, under Sections 15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (for short ‘ND&PS Act’), registered at Police Station, Aut, District Mandi, H.P.
2. The petitioner has prayed for grant of bail on the ground that he has been falsely implicated. He is in custody since 16.02.2021 and the trial has not yet concluded. It is submitted that in case of grant of bail to the petitioner, he shall make himself available for the remaining trial without causing any delay in its conclusion.
3. Per contra, the respondent has opposed the bail application and has submitted that the petitioner is involved in offence under Section 15 of the ND&PS Act involving commercial quantity of contraband. It is further submitted that the petitioner had earlier also approached this Court for grant of bail by way of Cr.MP(M) No. 882 of 2022 and had remained unsuccessful as his bail petition was rejected by this Court on 13.5.2022. As per the respondent, there is no changed circumstance and hence the petitioner is not entitled to any relief.
4.
Point of Law : It is trite law that successive regular bail application under Section 439 of Cr.P.C. can be maintained only if there are changed circumstances and such changed circumstances warrant t....
The inadmissibility of confessional statements recorded under Section 67 of the NDPS Act and the requirement of prima facie evidence for granting bail in NDPS Act cases.
The weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
Undue delay in trial, in appropriate cases, can be a reason to release an accused of offence involving commercial quantity under ND&PS Act.
The right to bail in NDPS Act cases hinges on fulfilling stringent conditions under Section 37, prioritizing public safety and preventing absconding, especially when accusations involve significant q....
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