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W. DIENGDOH
Subrata Sarkar – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
W. Diengdoh, J.
1. An application under Section 439 Cr.P.C has been preferred with a prayer for grant of bail to the accused person Sujit Sarkar, who was arrested and is still in judicial custody in connection with Crl. (NDPS) Case No. 25 of 2023 under Section 20 (b)(ii)(c)/27(A)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Similar applications have also been filed on behalf of three other accused persons, namely Karnajit Sarkar, Sanjit Sarkar and Tutan Sarkar respectively, who were also arrested in connection with the said Crl. (NDPS) Case No. 25 of 2023.
3. The grounds raised in the respective applications aforementioned being identical and similar and also the argument advanced on behalf of the said accused persons being a common one, therefore, this Court deems it fit and proper to address the issue by passing a common judgment.
4. The genesis of the matter could be found in the FIR dated 19.06.2023 lodged by SI J. Dkhar of Khliehriat Police Station before the Officer-in-Charge, Khliehriat Police Station.
5. From the FIR what can be understood is that on the said date at about 5:15 pm, information was received from Shri B. Jyrwa, MPS, Additional Super
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.
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
(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....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the gravity of drug trafficking offences and the legislative intent to p....
The main legal point established in the judgment is the need to satisfy the twin conditions of Section 37 of the NDPS Act before granting bail in cases involving commercial quantities of drugs. The c....
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