HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SHAHZAD AZEEM
Gurjit Singh – Appellant
Versus
Narcotics Control Bureau, Jammu Zone, Through its Zonal Director – Respondent
JUDGMENT :
SHAHZAD AZEEM, J.
01. The Petitioner has invoked the jurisdiction of this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita [BNSS] for his enlargement on bail for allegedly commission of offences punishable under Sections 8, 21, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act [“NDPS Act”].
02. The Petitioner and co-accused were sent up for trial for the commission of aforementioned offences by the Narcotics Control Bureau [“NCB”], Jammu and are as such facing trial before the Court of learned Special Judge (NDPS cases), Jammu [“the Trial Court”].
03. The Prosecution case, in brief, is that on August 06, 2018, NCB, Jammu alleged to have received a written complaint from the Station House Officer (SHO), Bahu Fort, Jammu, that they have received an information about transportation of narcotics consignment in a truck bearing registration No. JK02AD-3965. Accordingly, a team of NCB, Jammu, in collaboration with the police team of Police Station Bahu Fort, laid a Naka at Rajiv Nagar Chowk, Narwal Bye-Pass, Jammu, on August 06, 2018 and at around 1300 hours, the Truck in question was intercepted. On enquiry, the driver and conductor have disclosed t
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
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.
Bail – When Courts recognize and respect individual right to life and liberty as guaranteed under Article 21 of Constitution of India, it is duty of Court to recognize and respect such rights of citi....
The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the....
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Prolonged incarceration without trial infringes the fundamental right to personal liberty under Article 21, requiring bail to be granted in cases of no substantive evidence against the accused and ex....
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