DINESH KUMAR SINGH
Rajneesh Kumar Gupta – Appellant
Versus
U. O. I. – Respondent
ORDER :
(Dinesh Kumar Singh, J.)
1. Heard Mr. Anil Kumar Pandey, learned counsel for the accused-applicant, as well as Mr. Akhilesh Awasthi, learned counsel for respondent-NCB, on this second application for bail, and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in N.C.B. Crime No. 18 of 2020, under Sections 8 /18/29 NDPS Act, Challaned by Narcotics Control Bureau Lucknow, District Lucknow.
3. The first bail application, filed by the accused-applicant, being Bail No. 8565 of 2020, was rejected by this Court vide order dated 25.01.2021.
4. As per the allegations, 13.8 Kg opium was recovered from Truck No. U.P. 25 DT 4386, which was driven by co-accused Kauser Husain; the truck was coming from Latehar, Jharkhand to Lucknow via Bareilly; the accused-applicant was the owner of the truck; co-accused, Kauser Hussain, in his statement under Section 67 of the N.D.P.S. Act, had stated that the accused-applicant was the main person, who sent his truck to Latehar, Jharkhand to bring the opium, which was to be delivered to the accused-applicant; call details of the present accused-applicant and co-accused at Latehar, Jhark
The right to liberty is fundamental, and bail may be granted despite statutory restrictions when circumstances justify it, emphasizing the importance of timely trials.
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied, emphasizing that disability alone does not justify bail in serious drug offences.
Judicial discretion in granting bail under the N.D.P.S. Act must consider incarceration duration and procedural fairness.
The right to bail in NDPS cases is affirmed, especially when trial delays occur, emphasizing the balance between custody duration and the nature of contraband.
Section 37 of the NDPS Act expressly prohibits the power to grant bail to accused of offence involving commercial quantity of narcotic drugs or psychotropic substance.
The central legal point established in the judgment is the importance of balancing personal liberty with the interest of the State in criminal cases, especially in cases of non-bailable offences.
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