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PREM NARAYAN SINGH
Prahlad Chouhan – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
They are heard. Perused the case-diary.
This is the SEVENTH bail application filed by applicant under section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No. 04/2019, registered at Police Station - Narcotic Cell, Indore (M.P.) for offence punishable under section 8/15 of N.D.P.S. Act. The applicant is in custody since 24-1-2019.
2. The first application was dismissed as withdrawn vide order dated 10-2-2020 passed in M.Cr.C. No. 52504/2019, second application was dismissed on merits vide order dated 7-1-2021 passed in M.Cr.C. No. 45795/2020, third application was dismissed as withdrawn with liberty to revive the prayer after three weeks vide order dated 23-7-2021 passed in M.Cr.C. No. 14791/2021, fourth application was dismissed on merits vide order dated 23-11-2021 passed in M.Cr.C. No. 46818/2021, fifth application was dismissed on merits vide order dated 24-3-2022 passed in M.Cr.C. No. 11877/2022, sixth application for temporary bail was allowed for a period of two months vide order dated 13-3-2023 passed in M.Cr.C. No. 7871/2023 and also an application under section 482 of Criminal Procedure Code was also dismissed as not pressed vide o
The court reinforced that the stringent bail provisions under the NDPS Act require clear evidence of innocence, which was lacking in this case.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
The judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
The main legal point established in the judgment is that bail can be granted under Section 439 Cr.P.C. when the petitioner's direct involvement is not established, and there is a lack of evidence sho....
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