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W. DIENGDOH
Azibar Rahman – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Matter is taken up via video conferencing.
2. This is an application u/s 439 Cr. PC r/w Section 36-A (3) of the NDPS Act filed by the Petitioner herein seeking grant of bail to 2(two) accused persons namely Sonowal Ali and Jahal Uddin who were arrested on 30.04.2021 in connection with Jowai PS Case No. 50(4)2021 u/s 8(e)/21(c) NDPS Act.
3. It is the averment of the Petitioner that on 29.04.2021, an FIR was lodged by one Shri A. R. Marak, S.I of Phramer Traffic Cell to the effect that during naka checking near Pharmer, National Highway-6, one truck bearing registration No. AS-25-EC-3411 on being stopped for checking refused to stop which led to the police to chase the vehicle and to intercept it near the toll gate Lalong on National Highway-6. On checking the said vehicle, some suspicious packages were found in the back of the vehicle under one sofa set, the contents of which appears to be contraband item. Accordingly, the two accused persons named above being the driver and the handyman of the said truck were arrested on 29.04.2021 and were produced before the court of the learned Special Judge NDPS, West Jaintia Hills District, Jowai and forwarded to judicial custody.
4. I
The main legal point established in the judgment is that bail cannot be granted under the NDPS Act unless there are reasonable grounds for believing that the accused is not guilty of the offence and ....
The NDPS Act imposes stringent parameters for granting bail, requiring prima facie satisfaction that the accused is not guilty and is not likely to commit further offences, and the presumption of gui....
The main legal point established in the judgment is that bail under the NDPS Act can only be granted if there are reasonable grounds to believe the accused is not guilty of the offence and not likely....
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.
Point of Law - Dismiss the bail application - Recoveries together fall within category of commercial quantity - Section 37 of Act no accused can be released on bail when application is opposed by Pub....
Bail under NDPS Act requires stringent conditions; the court must find reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
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