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RAJNESH OSWAL
Sajad Ahmad Bhat, Haroon Rashid Bhat – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1) “It should be borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent young victims, who are vulnerable; it causes deleterious effects and a deadly impact on the society; they are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reason may be large stake and illegal profit involved.”
(Hon’ble Supreme Court in Union of India v. Ram Samujh, (1999) 9 SCC 429)
2) In NDPS cases, where there are allegations in respect of recovery of commercial quantity of contraband from the accused, refusal of bail is a rule and grant an exception subject to satisfaction of the conditions as prescribed under Section 37 of the NDPS Act. In order to prevent the turning of “Crown of India and heaven on earth” to a “drug haven”, strict adherence to the provisions contained in section 37 N.D.P.S Act, is a need of hour, when the number of NDPS cases are increasing day by day.
3) Both these ba
The rigors of Section 37 of the NDPS Act apply in cases involving trade in commercial quantity of narcotics. The court must be satisfied that there are reasonable grounds for believing that the accus....
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
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....
The court ruled that bail under the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, emphasizing the serious nature of drug trafficking.
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