W. DIENGDOH
Sabitri Chettri @ Kali Chettri – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
W. DIENGDOH, J.
1. Heard Mr. J.I. Nongrum, learned counsel for the petitioner who has submitted that this is an application filed with a prayer for grant of bail on behalf of the accused person Shri. Promod Chettri, who was arrested in connection with Nongpoh P.S. Case No. 51(5) 2023 under Section 21(b)/29 of the NDPS Act, 1985 and which case on completion of investigation and charge sheet filed, finding a prima facie case well established against the accused person, he was accordingly brought to trial before the Court of the learned Special Judge, (NDPS), Ri-Bhoi District, Nongpoh in Crl. (NDPS) Case No. 13 of 2023.
2. The learned counsel has further submitted that the background of the case is that the accused person is a Tourist Taxi driver running a Tourist Taxi bearing registration No. ML-05-Q-2749. In his daily course of work, one day, i.e. 02.05.2023, while he was waiting for passengers at the Guwahati Airport to return to Shillong, an unknown lady who introduced herself as Mercy approached him and requested him to carry a parcel to Shillong and to deliver it to one person who will come and pick it up from him. He had no knowledge whatsoever what is contained in the
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 court ruled that in drug trafficking cases involving intermediate quantities, lack of direct evidence linking the accused to the contraband can justify granting bail.
The court established that the presence of prior drug-related offenses and the potential for reoffending are significant factors in determining bail eligibility under the NDPS Act, even when the quan....
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.
Bail under the NDPS Act necessitates proof of innocence and no risk of reoffending, reflecting the serious societal impact of drug-related crimes.
The seriousness of drug trafficking and the need to deal firmly with drug peddlers influenced the court's decision to decline the bail application.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the need for reasonable grounds to believe the accused is not guilty and....
Compliance with procedural safeguards in drug cases is crucial; failure to adhere can lead to the granting of bail.
Point of Law : In face of mandate of Section 37 of the NDPS Act, High Court could not and ought not to have released accused therein on bail in view of the fact that large quantity of contraband was ....
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.
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