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W. DIENGDOH
Miss Nisha Chettri – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT (ORAL)
W. Diengdoh, J. - Heard Ms. P. Chettri, learned counsel for the petitioner, who has submitted that the petitioner has approached this Court with this instant application for grant of bail in favour of Shri. Promod Chettri, who was arrested on 03.05.2023 in connection with Nongpoh P.S. Case No. 51(5) 2023 under Section 21(b)/29 of the NDPS Act, 1985.
2. The learned counsel has also submitted that the charge sheet have since been filed by the Investigating Officer and the matter is now proceeding for trial before the Court of the learned Special Judge (NDPS), Nongpoh, Ri-Bhoi District.
3. In course of trial, six prosecution witnesses have been examined out of a total of nine witnesses. It is also the submission of the learned counsel that the co-accused in the case has already been granted bail by this Court vide order dated 16.11.2023. The learned counsel has fairly submitted that on previous occasion, a bail application on behalf of the said accused person has already been preferred before this Court, which was duly rejected vide order dated 08.12.2023. However, there has been a change in circumstances which was not noticed by the accused person or the petitioner for t
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The court emphasized that proper sampling procedures must be followed in drug cases, and long incarceration can justify bail despite stringent conditions under the NDPS Act.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
The court established that non-compliance with mandatory provisions of the NDPS Act can render evidence inadmissible, and that prolonged detention without trial can justify the grant of bail despite ....
Improper sample collection in drug cases violates mandatory guidelines, impacting the prosecution's case and justifying bail despite Section 37 restrictions.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
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