S. G. CHATTOPADHYAY
Bikash Ray – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
This is an application under section 438 Cr.P.C for granting pre-arrest bail to Bikash Ray, petitioner who is apprehending arrest in Bishalgarh PS case No.2021/BLG/059 which has been registered under sections 20(b)(ii)(C), 25, 27A, 29 and 32 of the NDPS Act, 1985.
[2] Similar application was earlier considered by this court in A.B 66 of 2021 and after consideration of the grounds advanced by the petitioner as well as the submissions of learned P.P, the said application was rejected by an order dated 17.09.2021.
[3] The facts of the case may be reproduced from the said order dated 17.09.2021 which is as under:
“[3] The bare facts essential for disposal of the bail application is as under:
Sri Parthanath Bhowmik, Inspector of Police of Bishalgarh police station lodged suo motu written FIR with the Officer in Charge of Bishalgarh police station alleging, inter alia, that on 24.07.2021 he received an information from own source that a truck bearing registration No. TN47-AT 4858 (Ashok Leyland Truck) was coming towards Bishalgarh from Udaipur and the said vehicle was carrying dried ganja. Sri Bhowmik recorded the said information in the general diary of the police station vide GD en
Satpal Singh vs. State of Punjab (2018) 13 SCC 813
State of Kerala and Others vs. Rajesh and Others (2020) 12 SCC 122
Granting pre-arrest bail under the NDPS Act requires stringent evidence of the accused's non-involvement; evidence against the petitioner established connection to significant drug trafficking activi....
Compliance with legal procedures under the NDPS Act is essential for ensuring the validity of arrests and searches, as established in relevant jurisprudence.
Bail under NDPS Act requires the accused to demonstrate reasonable belief of innocence and no likelihood of re-offending; these conditions are cumulative and must be satisfied.
Lack of substantial evidence linking the accused to the crime justifies granting pre-arrest bail under Section 438, ensuring individual liberty is protected against unwarranted arrest.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
The court underscored the stringent bail conditions under the NDPS Act, demanding substantial evidence to justify release for defendants in drug-related cases.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
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