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SANJAY DHAR
Mohd. Amin Malik – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner has invoked jurisdiction of this Court under section 439 of the Cr.P.C. for grant of bail in FIR No. 113/2021 for offences under section 8/15, 29 of NDPS Act read with Sections 3/181 and 196(2) of the Motor Vehicles Act registered with Police Station, Srigufwara.
2. As per the prosecution case, on 19.12.2021, the police had laid a Naka at Poshkeri crossing, Bijbehara. They stopped a trawler bearing Registration No. JK02AV-1795 that was proceeding from Poshkeri towardsBijbehara. During checking of the trawler, 23 nylon bags were found loaded in it. These bags were found to contain fukki (Poppy Straw) like substance. The driver of the vehicle disclosed his name as Rakesh Kumar and he could not give any justification for possession of contraband substance. Accordingly, FIR No. 113/2021 was registered and the investigation was set into motion. Accused Rakesh Kumar made a disclosure statement that he had loaded these 23 bags containing Poppy Straw from the house of accused Mohd. Amin Malik, the petitioner herein, and that the said Poppy Straw was to be sold to a Sikh gentleman who is a resident of Ferozpur Punjab. The petitioner was taken into custody and he m
Admissible evidence, such as financial transactions and witness statements, can support a defendant's involvement in a crime, even if a co-accused's confessional statement is inadmissible. The restri....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
In NDPS commercial quantity cases, bail requires court satisfaction of twin conditions under Section 37: reasonable grounds accused not guilty and unlikely to reoffend; co-accused confessional statem....
The main legal point established in the judgment is that bail under the NDPS Act can only be granted if there are reasonable grounds to believe the accused is not guilty of the offence and not likely....
Bail in NDPS commercial quantity cases demands substantial probable causes to believe non-guilt and no reoffending risk; minor witness contradictions inadequate against prima facie prosecution suppor....
In NDPS commercial quantity cases, residence in house with contraband recovery from common area establishes prima facie possession; bail denied as twin conditions under Section 37 not satisfied despi....
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
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....
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