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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
State of M.P. – Appellant
Versus
Farukh, S/o. Vali Mohammad Ajmeri – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1. They are heard. Perused the case-diary/ record.
2. This is an application filed under Section 439 (2) of Cr.P.C. for cancellation of bail of the respondent- Farukh S/o Vali Mohammad, who has been granted bail by this Court in M.Cr.C. No.63727/2021 vide order dated 4.1.2022, registered at Crime No.142/2021 at police station Nai Abadi District Mandsaur under Section 8 read with Section 15 of the NDPS Act.
3. Counsel for the applicant has submitted that the respondent Farukh has been granted bail by this Court wherein he was found in possession of 12 Kilograms of poppy straw which was less than the commercial quantity (which is 50 Kilograms). However, after being released on bail, the applicant has again indulged in criminal activities and a case has also been registered at Crime No.461/2023 at police station City Kotwali District Mandsaur under Sections 8 /18, 22 of the NDPS Act on 25.7.2023. It is alleged that the respondent was found in possession of 900 grams of opium and 87 gram of MDM drug powder. It is also submitted that earlier also respondent was also involved in transportation of drug in Crime No.142/2021 under Section 8 /15 of the NDPS Act.
4. C
Bail can be cancelled if the accused commits further offenses while on bail, as this violates conditions set for their release.
The court established that bail can be cancelled if the accused misuses their liberty by committing similar offences, emphasizing the societal impact of drug-related crimes.
The court reaffirmed that under the NDPS Act, bail should only be granted if satisfactory grounds exist for believing the accused is not guilty and unlikely to reoffend, emphasizing strict adherence ....
The main legal point established in the judgment is that bail obtained by misrepresentation of facts can be cancelled, and the stringent conditions for granting bail under the NDPS Act must be adhere....
Bail once granted cannot be cancelled in a mechanical manner.
Menace of dangerous drugs flooding market, Parliament has provided that person accused of offences under NDPS Act should not be released on bail during trial unless mandatory conditions provided in S....
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.
Public safety in narcotics cases supersedes technicalities. Bail can be revoked under Section 439(2) if new circumstances arise, reflecting the need to protect life and liberty. The burden of proof o....
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