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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
ORDER :
W.DIENGDOH, J.
1. Heard Mr. S.S. Yadav, learned counsel who has submitted that the petitioner has approached this Court by way of this application under Section 483 of the BNSS with a prayer for grant of bail since he was arrested on 01.07.2023 in connection with Umsning P.S. Case No. 21(07) 2023 under Section 21(c) and 29 of the NDPS Act.
2. The learned counsel has submitted that the case has since been charge sheeted and the learned Special Judge (NDPS), Ri-Bhoi District, Nongpoh had taken cognizance of the same in Crl. (NDPS) Case No. 23 of 2023. The stage of the case is for recording of evidence of the prosecution’s witnesses.
3. The learned counsel has also fairly admitted that this is the second bail application filed before this Court, the first one was dismissed by this Court vide order dated 26.06.2025. Since then, certain material witnesses have been examined in the case, their deposition of which has prompted the petitioner to approach this Court with a prayer for grant of bail, centered on the merits of the case.
4. It is the further submission of the learned counsel that on perusal of the evidence rendered by PW-2, what can be seen is that this witness has categoric
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
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 Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
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.
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.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
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