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KRISHAN PAHAL
Azeemul Hasan – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Since the above three bail applications of the accused-applicants pertain to common recovery, therefore, I am deciding all these applications by a common judgement.
2. Heard Mr. Farooq Ayoob (in C.M.B.A. No.12003 of 2019), Mr. Parmanand Gupta (in C.M.B.A. No.8991 of 2020) and Mr. Kapil Gupta (C.M.B.A. No.4019 of 2021), learned counsels appearing for the applicants and Mr. Digvijay Nath Dubey, learned counsel for the DRI and also perused the material placed on record.
3. The applicant, Azeemul Hasan (in C.M.B.A. No.12003 of 2019) seeks bail in Case Crime No.06 of 2019, u/s 8/20 of Narcotic Drugs and Psychotropic Substances Act, Challaned by D.R.I. Lucknow, District- Lucknow, during the pendency of trial.
4. The applicants, Salman Ali (in C.M.B.A. No.8991 of 2020) and Sannu Lal (in C.M.B.A. No.4019 of 2021) seek bail in Case Crime No.06 of 2019, u/s 8/20/25/27-A/28/29 of Narcotic Drugs and Psychotropic Substances Act, Police Station-Gomti Nagar, District-Lucknow, during the pendency of trial.
BRIEF FACTS OF THE CASE
5. On 1.5.2019 at about 09:00 AM, Sri Abhishek Pandey, Investigating Officer (I.O.) of Directorate of Revenue Intelligence, Zonal Office, Lucknow (DRI) received a
The judgment emphasized the importance of complying with the stringent parameters for the grant of bail under the NDPS Act and the right to liberty under Article 21 of the Constitution of India.
Mere fact that the accused is in custody for more than one year, may not be a relevant consideration to release the accused on bail.
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....
The court emphasized that in narcotics cases involving commercial quantities, a presumption of conscious possession applies to all occupants of a vehicle, requiring strict adherence to Section 37 of ....
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.
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 main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
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....
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