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HARSH BUNGER
Bidesh Rai – Appellant
Versus
Intelligence Officer – Respondent
JUDGMENT
Mr. Harsh Bunger, J.
This order shall dispose of three petitions bearing CRM-M-23281-2022 titled as "Bidesh Rai v. Intelligence Officer, Directorate of Revenue Intelligence (Zonal Unit), 213, Rani Jhansi Road, Civil Lines, Ludhiana ", CRM-M-23282-2022 titled as "Ranjeet Rai v. Intelligence Officer, Directorate of Revenue Intelligence (Zonal Unit), 213, Rani Jhansi Road, Civil Lines, Ludhiana" and CRM-M-28130-2022titled as "Manoj v. Intelligence Officer, Directorate of Revenue Intelligence (Zonal Unit), 213, Rani Jhansi Road, Civil Lines, Ludhiana" as all these cases have emanated from common criminal complaint (File No.DRI/LDZU/855/INT-02/2021 dated 07.03.2022) registered at Revenue Intelligence (Zonal Unit), Ludhiana, under Sections 8 , 20, 27-A, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as 'the NDPS Act').
2. Prayer in all these three petitions, filed under Section 439 of the Code of Criminal Procedure, is for grant of regular bail to the petitioners in criminal complaint case (File No.DRI/LDZU/855/INT- 02/2021 dated 07.03.2022 ) (Annexure P-1), filed by the Intelligence Officer, Directorate of Revenue Intelligence
The main legal point established is the stringent requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while o....
The court emphasized strict compliance with Section 37 of the NDPS Act, concluding there were no reasonable grounds for believing the petitioner was not guilty due to his significant role in drug sup....
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 court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
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