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GAJENDRA KUMAR
Indrajeet Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This bail application has been filed to enlarge the applicant on bail in Case Crime No. 127/2022, under section 8/20 of Narcotics Drugs and Psychotropic Substances Act,1985 Police Station-Geeda, District Gorakhpur.
2. According to the prosecution story, believing upon the information of the ‘Mukhbir’, during patrolling duty, police personnel went on the spot i.e. Tandua Toll Plaza, at Devariya-Gorakhpur By-pass and arrested all the three accused persons including the present applicant and recovered 151.450 kg 'Ganza' from the Truck bearing No.HR38Z7205, wherein, applicant was a driver.
3. Learned Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is further submitted that instant FIR has been lodged by the police is only with the a view to harass the applicant. The alleged truck was found at the public place and crowded area but neither any public witness has supported the prosecution story nor the Investigation Team has recorded any statements of any individual witnesses, who have supported the case.
4. Learned AGA appearing for the State has very vehemently opposed the pr
while considering the bail petition despite the language employed in the section, court must develop a delicate balance between judgment of acquittal, conviction and bail and the provision should be ....
Point of law: That there has been a judicious application of mind by the judge who is deciding an application under Section 439 of the CrPC must emerge from the quality of the reasoning which is embo....
Prolonged incarceration and lack of witness examination can justify granting bail under the NDPS Act, despite the stringent conditions imposed by Section 37.
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act, making bail the exception in cases involving the recovery of commercial quantity of narcotic ....
The court highlighted the stringent conditions for granting bail under the NDPS Act, emphasizing the need for reasonable grounds to believe that the accused is not guilty of the alleged offence and i....
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
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