HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Rohit Ranjan Agarwal,J.
Bajarangi Singh Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Rohit Ranjan Agarwal, J.)
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. By means of the present bail application, the applicant seeks bail in Case Crime No. 130 of 2024, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”), Police Station- Kotwali, District- Ghazipur, during the pendency of trial.
3. The prosecution story, as unfolded from the First Information Report (FIR) is that Contraband (Heroine) has been recovered from Scorpio No.UP 32 LK4587 in four packets, total weighting 1 kg. The vehicle in question was being driven by the applicant in which two other persons were also sitting. When the police had intercepted the vehicle, the search was conducted as per the established procedure and three packets of 250 gms. Each were found from the pocket of all the three persons sitting in the scorpio vehicle and another packet containing 250 gms Contraband (Heroine) was found beneath the seat of the applicant who was driving the vehicle.
4. Learned counsel for the applicant submitted that the applicant is Driver of the said vehicle and has no concerned with the aforesaid Contraband,
The court emphasized that bail under the NDPS Act requires satisfaction of two conditions: reasonable grounds for believing the accused is not guilty and that he is not likely to commit an offence wh....
Bail under NDPS Act requires proof of innocence and non-reoffending risk; stringent standards apply due to the serious nature of drug offenses.
Drug offence – Once Investigating Officer has found sufficient evidence to prosecute accused for offence for which First Information Report has been registered, FSL report would only be corroborative....
(1) In NDPS cases, where offence is punishable with minimum sentence of ten years, accused shall generally be not released on bail – Negation of bail is rule and its grant is an exception.(2) Any lap....
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
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....
Interim Bail on medical grounds - Indulge in supply of wholesale and retail cocaine - Petitioner's medical condition is concerned; documents on record do no suggest any immediate medical treatment or....
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....
petitioner cannot be extended benefit of bail on the ground that reduction in weight of the contraband seized was noticed at the time of certification by the Magistrate under Section 52A than the wei....
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