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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Randhir – 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. This is a second bail application. By means of this application, applicant-Randhir, who is involved in Case Crime No. 660 of 2023(S.T. No. 33 of 2024), under Section 8 /20 of N.D.P.S. Act, Police Station - Robertsganj, District - Sonbhadra, seeks enlargement on bail during the pendency of trial.
3. The first bail application of the applicant being Criminal Misc. Bail Application No. 3333 of 2024 was rejected on 12.08.2024 and following order was passed:-
“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. 660 of 2023, under Section 8 /20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”), Police Station- Robertsganj, District- Sonbhadra, during the pendency of trial.
3. The prosecution story as unfolded from the First Information Report (FIR) is that Contraband (Ganja) has been recovered from DCM Truck No.HR45 B3831 in eight packets, total weight 151.600 kgs. When the police had intercepted the vehicle at Robertsganj,
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....
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....
The prosecution established the appellant's conscious possession of narcotics, validating the conviction despite procedural non-compliance, as substantial evidence supported the case.
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....
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....
(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....
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....
The central legal point established in the judgment is the significance of conscious possession, joint possession, and compliance with procedural requirements under the NDPS Act in determining bail e....
Narcotic Substances - Bail rejected - Petitioner has been found in possession of contraband of commercial quantity - Court is unable to record a finding that there are reasonable grounds for believin....
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