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SATYEN VAIDYA
Taj Mohammad – Appellant
Versus
N. C. B. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is accused in case Crime No. 52 of 2022, registered with NCB, Sub Zone, Mandi, District Mandi, H.P. on 21.07.2022. Petitioner is in custody since 09.08.2022.
2. Petitioner has prayed for grant of bail under Section 439 of Cr.P.C., on the ground that the implication of the petitioner is without any substance. The investigating agency has not been able to collect any legal evidence against the petitioner. It is also submitted that the trial is at initial stage and the petitioner cannot be detained in custody for indefinite period.
3. The NCB has filed its status report. It is revealed that on 21.07.2022, 1.950 Kilograms of ‘Charas’ was recovered from the vehicle bearing registration No. PB-07Y-2385, at Shahpur, District Kangra, HP. The vehicle was occupied by three persons, namely, Vivek Sharma, Rakesh Kumar and Praveen Kumari. The ‘Charas’ was found hidden in the luggage kept on the rear seat of the car. During investigation accused Vivek Sharma is stated to have disclosed that the contraband was supplied by petitioner. Petitioner was accordingly arrested on 09.08.2022. It is further submitted that the petitioner has further disclosed to the inves
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.
Undue delay in trial, in appropriate cases, can be a reason to release an accused of offence involving commercial quantity under ND&PS Act.
Point of Law : . There is no material against the petitioner to suggest that he will again indulge in similar criminal activities, if released on bail.
Since there is no past criminal history, relating to his involvement in cases under NDPS Act. There is no material against the petitioner to suggest that he will again indulge in similar criminal act....
The weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
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....
Drug abuse has become serious hazard to social and economic development.
No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period - Conclusion of trial is likely to take considerable time.
Prolonged incarceration may override the statutory embargo created under Section 37 of the NDPS Act, leading to the grant of bail in certain cases.
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