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VIKAS BAHL
Sandeep – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - Prayer in the present petition is for grant of regular bail to the petitioner in FIR No.72 dated 18.05.2021 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act of 1985"), Section 25 of the Arms Act, 1959 and Sections 395, 427, 216 and 34 of the Indian Penal Code, 1860 at Police Station Satnali, District Mahendergarh (District Narnaul).
2. Brief case of the prosecution is that secret information had been received to the effect that one Canter had been parked near Village Barda and since, there was suspicion that there were some intoxicant substances in the same, and finding the said information to be credible, a police team was formed to conduct the raid. Efforts weremade to join witnesses from the public but people showed their inability to do so and when the police party reached near the Canter, no person was found present near it and thereafter, a notice under Section 42 of the Act of 1985 was prepared and was forwarded to the Duty Magistrate. The Duty Magistrate reached the spot and in his presence, the search of the Canter was conducted. During the search, 17 quintals 12 k
The main legal point established in the judgment is the consideration of conscious possession, recovery of commercial quantity, and the applicability of Section 37 of the NDPS Act in granting regular....
The main legal point established is that in cases where the accused's connection to the contraband is not established and there is a delay in trial, the court may grant regular bail, considering the ....
The court emphasized the importance of evidence, compliance with legal provisions, and the impact of delay in trial on bail decisions under the NDPS Act.
The judgment highlights the importance of evidence and legal procedures in establishing a defendant's involvement in a criminal case, and the consideration of custody period and legal precedents in g....
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
The main legal point established in the judgment is the significance of substantial custody, likelihood of trial taking time, and debatable issues in favor of the petitioner in granting regular bail ....
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
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