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SANJAY DHAR
Mohd. Altaf – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The petitioner has filed the instant application under section 439 of the Code of Criminal Procedure for grant of bail in case FIR No. 0161/2022 for offences under section 8(a) and 21 of the NDPS Act registered with Police Station, Poonch.
2. As per the prosecution case, on 26.07.2022, while police officials of Police Station, Poonch, were on patrolling duty at Qazi Mohra, they spotted a person coming from main road towards Sukha Katha. The said person, on spotting the police, tried to run away from the spot but the police party managed to apprehend the said person. During his questioning, the suspect revealed his identity as Mohd. Altaf (petitioner herein). Upon his personal search, about 7/8 grams of heroin like substance was recovered. The accused could not justify the possession of the aforesaid contraband substance. Accordingly, the recovered contraband substance was seized and the FIR came to be registered against the accused/petitioner. During investigation of the case the accused was taken into custody. The sample of the seized contraband was sent to the FSL, Jammu, for seeking expert opinion.
3. It appears that the accused/petitioner had approached the Court of
The main legal point established is that the severity of punishment and seriousness of alleged offences must be balanced with the presumption of innocence and the principle that deprivation of libert....
The main legal point established in the judgment is that the grant of bail is a rule, and its refusal is an exception. The court emphasized the need to balance individual liberty with the interest of....
The rigour of section 37 of NDPS Act is not applicable in cases where the quantity of contraband recovered is an intermediate quantity.
In NDPS cases with intermediate narcotic quantity, Section 37 rigours inapplicable; regular bail granted on parity with co-accused, trial delay, and prolonged detention, upholding bail as rule absent....
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.
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
The court established that the presence of prior drug-related offenses and the potential for reoffending are significant factors in determining bail eligibility under the NDPS Act, even when the quan....
The main legal point established in the judgment is that the rigours of the NDPS Act may not apply when the quantity of contraband is less than commercial, and the court has the discretion to grant b....
The rigours of Section 37 of the NDPS Act do not apply to cases involving intermediate quantity of contraband, influencing the court's decision to grant bail.
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