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W. DIENGDOH
Lakyntiewrisha Nongrum – Appellant
Versus
State of Meghalaya – Respondent
ORDER :
1. These batch of bail applications involving similar and identical facts and questions are proposed to be disposed of by this common order.
2. Heard Mr. R. Gurung, learned counsel for the petitioners, who has submitted that an FIR dated 02.05.2023 was lodged before the Officer-in-Charge, Nongpoh Police Station, Ri-Bhoi District, wherein the informant, who is a police official of the Byrnihat Outpost, Ri-Bhoi District has stated that on 01.05.2023, at about 7:30 pm, on receipt of reliable information, a Naka checking was conducted and accordingly, one vehicle (Local Taxi) bearing registration No. ML 10 C 4908 was intercepted at Umling check gate.
3. On a search and seizure being made, the alleged contraband substance was found from the dashboard of the said Local Taxi, wherein four persons who are said to be passengers of the Local Taxi are suspected to be in possession of the contraband substance which substance on being tested, would reveal that it contain heroin. The weight of the suspected drug is 9.64 grams. Accordingly, on investigation being launched, the said four passengers were arrested.
4. In due course, charge sheet was filed by the Investigating Officer, who has fo
The presumption of possession under Section 54 of the NDPS Act requires established recovery from the accused, and the actual content of narcotics is crucial in determining quantity classifications.
Point of Law : Merely because the quantity of contraband recovered is less than commercial quantity may not by itself be sufficient to grant 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.
A prima facie case was established against the accused for possession of contraband, and ignorance of its contents did not warrant bail under the NDPS Act.
The limitations prescribed for the grant of bail under Section 37 NDPS Act require substantially probable causes for believing that the accused is not guilty of the alleged offence.
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
The court established that possession of narcotics must be conscious, and bail may be granted based on the absence of criminal antecedents and the nature of the offence.
The judgment established that the gravity of the offence, the impact of the illicit drug trade, and the concept of conscious possession are crucial factors in determining bail eligibility under the N....
The court emphasized that the seriousness of the offence and the quantity of contraband are critical in bail considerations, and procedural violations do not automatically warrant bail.
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