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2014 Supreme(Megh) 279

SUDIP RANJAN SEN
Malkit Singh – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court emphasized that granting bail under the NDPS Act is an exception, and the default position is rejection if there is a prima facie case against the accused (!) (!) .
  • The NDPS Act makes offences under it cognizable and non-bailable, requiring specific conditions to be satisfied before bail can be granted (!) (!) .
  • Section 37 of the NDPS Act sets out three conditions for granting bail: the opportunity for the prosecution to oppose the bail, the court’s satisfaction that the accused is not guilty, and that the accused will not re-engage in similar offences (!) (!) .
  • The court considered the legislative mandate and the seriousness of narcotics offences, especially given their harmful societal impact, which justifies strict bail restrictions (!) (!) .
  • The court found no sufficient grounds at this stage to believe the accused is not involved in the offence, leading to the rejection of the bail applications (!) .
  • The court directed that the accused receive necessary medical facilities when required and ordered the case file to be returned to the appropriate authorities (!) (!) .
  • Overall, the decision underscores that, due to the nature of offences under the NDPS Act, bail is granted only in exceptional circumstances, and the authorities and courts must follow the legislative mandates strictly (!) (!) (!) .

JUDGMENT :

Sudip Ranjan Sen, J.

1. Bail applications No. BA 33 of 2014 and No. BA 34 of 2014 arose out of the same case; hence, both cases are taken-up together for disposal by this common Judgment & Order.

2. The accused/petitioner's case in nut shell is that, he is running a Dhaba somewhere at Byrnihat within the State of Meghalaya and he had no knowledge about the possession of opium and poppy straw in his Dhaba as he used to visit to the Dhaba occasionally.

3. Mr. S. Nath, learned counsel appeared for on behalf of the accused/petitioner, Malkit Singh submits that, the petitioner is 65 years old suffering from different ailments and he has been implicated in this instant case unnecessarily as he had no knowledge about the presence of the contraband items in his Dhaba and other two accused are also not involved with this instant case.

4. On the other hand, Mrs. T. Yangi, learned counsel for the Union of India argued that, Customs Authorities when conducted a raid the accused/petitioners were present in the Dhaba. The learned counsel further contended that, as per the investigation, it came to light that the accused/petitioners are involved in this instant case and strongly opposed the

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