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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ASHUTOSH SRIVASTAVA
Abdul Qadir – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual basis for bail application. (Para 2 , 3) |
| 2. arguments regarding innocence and licensing under ndps. (Para 4 , 5 , 6 , 7 , 8) |
| 3. prosecution's opposition based on quantity and trafficking. (Para 10 , 11) |
| 4. court's analysis of criminal provisions under ndps. (Para 13 , 14 , 15) |
| 5. justification for prosecution and rejection of bail. (Para 19 , 20 , 21) |
| 6. final decision and implications for trial. (Para 22 , 23) |
JUDGMENT :
ASHUTOSH SRIVASTAVA, J.
1. Heard Sri S. B. Singh, learned counsel assisted by Sri Zafeer Ahmad, learned counsel for the applicants as also Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-1 and Sri Nitesh Kumar Srivastava, learned AGA for the State and perused the records.
2. The instant bail application under Section 483 of the BNSS, 2023 has been filed seeking the enlargement on bail in Case Crime No. 153 of 2025, under Sections 8/21 of NDPS Act, 1985 and Sections 318(4), 338, 336(3) and 340 BNS, 2023, Police Station Kotwali, District Rampur during the pendency of the trial before the court below. The bail application of the applicants before the court below was rejected by Additional Se
The court held that strict compliance with licensing conditions under the NDPS Act is essential, and significant illegal possession of narcotics justifies rejection of bail applications.
Cough syrup with Codeine Phosphate below 2.5% concentration, compounded and established in therapeutic practice, excluded from 'manufactured drug' under NDPS Act notification; bail granted post-chall....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
Fulfillment of requirements as enumerated in Section 37 of NDPS Act are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial ....
Fulfillment of requirements as enumerated in Section 37 are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial quantity.
The main legal point established in the judgment is the necessity of the chemical analysis report to establish the presence and quantity of narcotics in seized substances, the relevance of the Drugs ....
Object of bail is to secure attendance of accused in trial and proper test to be applied in solution of question whether bail should be granted or refused is whether it is probable that party will ap....
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