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SANJAY DHAR
Mushtaq Ahmad Bujard – Appellant
Versus
UT of J&K through SHO P/S Kangan Ganderbal – Respondent
ORDER :
Sanjay Dhar, J.-The petitioner has filed the instant application under Section 439 of the Code of Criminal Procedure for grant of bail in case FIR No.132/2021 for offences under Section 8/20 of NDPS Act registered with Police Station, Kangan.
2. As per the prosecution case, on 08.11.2021, Police Station, Kangan, received information from reliable sources that a person, namely, Mushtaq Ahmad Bajard, is illegally selling charas and bangpatri to the younger generation of the area and has hidden the said contraband substance on the roof top of his house. Upon receipt of this information, police party and Executive Magistrate, 1st Class, Kangan, reached the spot where they seized 140 grams of charas like substance and 06 kgs of bangpatri. Accordingly, case FIR No.132/2021 for offences under Section 8/20 NDPS Act was registered and investigation was set into motion. During the course of investigation, site plan was prepared, statements of witnesses were recorded and samples of contraband seized and sealed in presence of the Executive Magistrate on spot were sent to FSL, Srinagar, for expert opinion.
3. After investigation of the case, offences under Section 8/20 of the NDPS Act we
Bail denied in NDPS commercial quantity case as accused failed twin conditions of Section 37: no reasonable grounds to believe not guilty given prima facie conscious possession via concealment attemp....
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Bail denied in commercial quantity NDPS case as twin conditions under Section 37 unsatisfied: reasonable grounds exist to believe petitioner guilty of conscious possession and likely to reoffend, sup....
Severity of the offence and potential danger to society are key factors in denying bail under Section 439 of Cr.P.C. for offences under Section 8/15 of NDPS Act.
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
Bail denied in NDPS commercial quantity case as vehicle owner prima facie in conscious possession of concealed charas absent explanation; twin conditions of Section 37 not satisfied – reasonable grou....
Bail denied in NDPS commercial quantity case as vehicle occupants prima facie in conscious possession of contraband; twin conditions under Section 37 not satisfied despite trial delay.
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
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