S. G. CHATTOPADHYAY
Priya Lal Halder – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. details of bail application and prior circumstances. (Para 1 , 2 , 4 , 5 , 6) |
| 2. arguments for bail based on lack of evidence. (Para 7 , 8) |
| 3. state's arguments on weight of ndps provisions. (Para 9 , 10) |
| 4. conditions governing bail under ndps act. (Para 12 , 13 , 14) |
| 5. court's analysis of evidence and bail refusal. (Para 15 , 16 , 17 , 18) |
| 6. conclusion regarding bail application. (Para 19 , 20) |
JUDGMENT
S.G. Chattopadhyay, J. - This bail application under section 439 Cr.P.C. has been filed for releasing the accused namely Priya Lal Halder on bail who has been undergoing imprisonment since 16.09.2021 in case No. Special (NDPS) 27 of 2019 under sections 21(c) and 29, NDPS Act, 1985.
2. Successive applications of the accused for pre arrest bail were rejected by this court by orders dated 16.07.2021 and the subsequent order dated 10.09.2021. Thereafter, he surrendered at the police station on 16.09.2021. He has been undergoing imprisonment since then.
3. Heard Mr. B. Deb, counsel appearing for the petitioner along with Mr. S. Rahman, learned advocate. Also heard Mr. R. Datta, learned P.P. appearing for the State respondent along with Mr. S. Debnath and Mr. S. Ghosh, learn
State of Kerala & Ors. vs. Rajesh and Ors.
Union of India vs. Shiv Shanker Kesari; 2 (2007) 7 SCC 798: (2007) 3 SCC (Cri.) 505)
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