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W. DIENGDOH
Krishna Kumar Rai – Appellant
Versus
Union of India – Respondent
COMMON ORDER (ORAL)
W. Diengdoh, J. - These two bail applications have been filed by the same petitioner in respect of two accused persons involved in the same case i.e. Criminal NDPS Case No. 8 of 2023 pending before the Court of the learned Special Judge (NDPS), Nongpoh, Ri-Bhoi District, and as such are taken up by passing a common order.
2. The case relates to seizure of contraband substance made by Customs officials who, on receipt of reliable information had intercepted a Maruti Alto vehicle bearing Registration No. ML05 Q 6794. Following such lead, the said group of Customs officials followed the occupants of the said vehicle No. ML 05Q 6794 and at about 3:00 AM on 24.05.2023, the vehicle was asked to stop but on the said order not being complied with and was speeding away, the officers chased the vehicle and managed to intercepted it at Bhoirymbong market. On checking the vehicle, four persons were found as occupants and on being questioned they agreed to lead the officers to the exact place where they have hidden the contraband substance.
3. On reaching Liarbang Village, the said persons led the officers to a forested area where twenty-four packets of compressed blocks wrappe
The NDPS Act imposes strict conditions for bail in cases involving commercial quantities of drugs, requiring substantial evidence to prove the accused's innocence.
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
Bail applications under Section 37 of the NDPS Act require a presumption of innocence, which was not established in this case, leading to the denial of bail.
Point of law: whether there was compliance of the procedure laid down under Section 42 of the NDPS Act or not, could be ascertained at the time of trial.
Bail under the NDPS Act requires substantial evidence indicating the accused is not guilty, prioritizing public safety and the integrity of judicial processes over personal liberty.
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.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the twin conditions are satisfied, especially in cases involving large quantities of contraband.
The court emphasized that bail under the NDPS Act requires a high standard of proof of innocence not met by the applicant, leading to dismissal.
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