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ARINDAM LODH
Bijoy Kr. Labor – Appellant
Versus
State of Tripura – Respondent
JUDGMENT & ORDER (ORAL)
Arindam Lodh, J. - This is an application filed under Section 37 of the NDPS Act read with Section 439 Cr.P.C. for granting bail to the accused persons, namely, Bijoy Kumar Labor and Md. Iddrish Ali, who had been arrested on 22.01.2024 for allegedly committing offences punishable under Sections 8(c)/20(b)(ii) C/25/29/32 of the NDPS Act, 1985. The accused persons had been in custody for 60 days.
2. Shortly stated, the accused persons were driving a 10-wheeler container truck as driver and co-driver. The said container truck was originated from Udaipur, Gomati District, Tripura and was moving towards Assam. On the basis of a secret information, the vehicle was stopped at Churaibari Gate and was checked by the police personnel. There were many packets of various types of articles, and while checking 10 packets were found to be carrying contraband articles. The weight was taken and it was found that those packets were carrying 71.95 kgs. of dry ganjas (cannabis). On such recovery of contraband articles, police arrested both the accused persons and seized those 10 packets containing dry ganjas. The accused persons had moved the jurisdictional Special Judge (NDPS) u
The court clarified that 'conscious possession' under the NDPS Act necessitates awareness and control over the contraband, which was not proven in this case.
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The main legal point established in the judgment is the application of Section 37(1)(b)(ii) of NDPS Act and the interpretation of the concept of possession as occurring in Section 20 to 22 of NDPS Ac....
Possession of contraband requires awareness; presumption of conscious possession arises when transporting substantial quantities, limiting bail options under NDPS Act.
The court ruled that in narcotic offenses, knowledge of possession and conscious possession are crucial in determining bail eligibility, with emphasis on the applicant's burden to prove innocence and....
The limitations on the grant of bail for NDPS Act offences and the concept of possession under the Act are crucial in determining the involvement of the accused and the grounds for grant of bail.
Point of law: While upholding the constitutional validity of sections 35 and 54 of the NDPS Act, the Apex Court has, however, reiterated that more serious the offence, the stricter would be the degre....
(1) Standard prescribed for grant of bail is ‘reasonable ground to believe’ that person is not guilty of offence.(2) Given seriousness of offences punishable under NDPS Act and in order to curb menac....
Ownership of a vehicle creates a presumption of knowledge regarding its use for illegal activities under the NDPS Act, impacting bail eligibility.
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