AI Overview...
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Dheeraj Kumar Shukla Case - The Supreme Court and lower courts have extensively relied on the judgment in Dheeraj Kumar Shukla v. State of Uttar Pradesh (SLP(Crl.) No.6690/2022) to guide bail decisions under the NDPS Act. The case emphasizes the importance of considering societal interest, the stage of trial, and the petitioner's antecedents when granting bail, especially when conditions of Section 37 of the NDPS Act are dispensed with Inderpal Singh @ Inder VS State of Punjab - Punjab and Haryana, Jagjeet Singh VS State of Punjab - Punjab and Haryana, Dheeraj Kumar Shukla VS State of Uttar Pradesh - Allahabad, Sukhchain Singh Alias Kaka VS State of Punjab - Punjab and Haryana, Jaspreet Singh @ Preeti VS State of Punjab - Punjab and Haryana, Jaswant Singh VS State of Punjab - Punjab and Haryana, Khaiminlal Touthang S/o Ngamsei Touthang VS State of Assam - Gauhati, Khushi Ram @ Happy VS State of Punjab - Punjab and Haryana.
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Bail Conditions - The courts have granted bail by dispensing with the stringent conditions of Section 37 of the NDPS Act, primarily based on the petitioner's clean antecedents, the nature of the offence, and the stage of proceedings. The Supreme Court's judgment in Dheeraj Kumar Shukla has been pivotal in justifying such relaxations Inderpal Singh @ Inder VS State of Punjab - Punjab and Haryana, Jaspreet Singh @ Preeti VS State of Punjab - Punjab and Haryana, Dheeraj Kumar Shukla VS State of Uttar Pradesh - Allahabad.
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Judicial Approach - The judgment underscores a balanced approach, ensuring societal interests are protected while also recognizing the rights of the accused to liberty, especially in cases where the offence is non-commercial or the accused has no prior criminal record. The Court has also considered parity among co-accused in bail orders Dheeraj Kumar Shukla VS State of U. P. - Allahabad.
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References - The primary reference is the Supreme Court order in Dheeraj Kumar Shukla (2023), which has been cited in multiple judgments to justify bail relaxations and to interpret the scope of the NDPS Act's provisions related to bail Khaiminlal Touthang S/o Ngamsei Touthang VS State of Assam - Gauhati, Sukhchain Singh Alias Kaka VS State of Punjab - Punjab and Haryana, Khushi Ram @ Happy VS State of Punjab - Punjab and Haryana.
Analysis and Conclusion:
The Dheeraj Kumar Shukla judgment serves as a key precedent for granting bail under the NDPS Act, especially when the Court finds that the strict conditions of Section 37 can be dispensed with considering the facts, the stage of trial, and the petitioner's background. The case highlights the judiciary's effort to strike a balance between societal interests and individual rights, influencing subsequent bail orders in NDPS cases Inderpal Singh @ Inder VS State of Punjab - Punjab and Haryana, Jagjeet Singh VS State of Punjab - Punjab and Haryana.
Search Results for "Dheeraj Shukla Judgement on Ndps"
2023 0 Supreme(P&H) 242 • India - Punjab and Haryana
MANJARI NEHRU KAUL
Ratio Decidendi: The court relied on the judgment of the Hon’ble Supreme Court in Dheeraj Kumar Shukla vs. ... BAIL - Narcotic Drugs and Psychotropic Substances Act - The court granted bail to the petitioner under Section 439 Cr.P.C. despite ... The court granted bail to the petitioner by dispensing with the conditions of Section 37 of the NDPS Act, considering the prolonged ... In support, learned counsel has placed reliance upon the judgment of Hon’ble Supreme Court in Dhe....
2024 0 Supreme(P&H) 963 • India - Punjab and Haryana
MANJARI NEHRU KAUL
2, 5) ... ... Facts of the case: ... The petitioner was arrested on 22.02.2022 under FIR No.35 for NDPS ... In support, learned counsel has drawn the attention of this Court to various judicial pronouncements including 'Dheeraj Kumar Shukla v. State of Uttar Pradesh' (SLP(Crl.) ... JUDGMENT Manjari Nehru Kaul, J. ... In the facts and circumstances as enumerated hereinabove and the observations made by Hon'ble the Supreme Court in Dheeraj Kumar Shukla's case (ibid), this Court deems it fit to extend t....
2022 0 Supreme(All) 871 • India - Allahabad
SANJAY KUMAR SINGH
Fact of the Case: The applicant, Dheeraj Kumar Shukla, filed a second bail application seeking release on bail during ... It is further contended that the recovery was made from Dheeraj Kumar Shukla, who is the brother of present accused-applicant from aforesaid Swift Desire Car. It is contended that on arrest of co-accused - Dheeraj Kumar Shukla, he stated that this car belongs to him. ... By means of this second bail application, the applicant-Dheeraj Kumar #HL_ST....
2023 0 Supreme(P&H) 2308 • India - Punjab and Haryana
JASGURPREET SINGH PURI
, AIR 2023 SC 1648 , Special Leave to Appeal (Criminal) No.6690 of 2022 titled as "Dheeraj Kumar Shukla v. The State of Uttar Pradesh" and Special Leave to Appeal (Criminal) No.4169 of 2023 titled as "Rabi Prakash v. ... The Hon'ble Supreme Court in Dheeraj Kumar Shukla's case (supra) has observed as under:- "3. It appears that some of the occupants of the 'Honda City' Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. ... JUDGMENT Section 37 of the NDPS Act. The r....
2023 0 Supreme(P&H) 907 • India - Punjab and Haryana
MANJARI NEHRU KAUL
Bail - NDPS Act - The court allowed the bail petition by dispensing with the conditions of Section 37 of the NDPS Act, considering ... Fact of the Case: The petitioner sought bail under Section 439 Cr.P.C. in a case under Section 22 of NDPS Act, 1985 ... Finding of the Court: The court allowed the bail petition by dispensing with the conditions of Section 37 of the NDPS ... Hon’ble Supreme Court in Dheeraj Kumar Shukla Vs. State of Uttar Pradesh (SLP(Crl.) No.6690/2022) decided on ....
2023 0 Supreme(P&H) 237 • India - Punjab and Haryana
SUVIR SEHGAL
Decidendi: The court relied on the petitioner's clean antecedents, the stage of the trial, and the Supreme Court's decision in Dheeraj ... of Section 37 of the NDPS Act, and the petitioner's entitlement to bail. ... Kumar Shukla's case to dispense with the conditions of Section 37 of the NDPS Act and grant bail. ... He has placed upon the judgments of Hon'ble Supreme Court in SLP (Criminal) 6690-2022 titled as Dheeraj Kumar Shukla Versus The State of Uttar Pradesh decided on 25.01.2023 as well as order ....
2021 0 Supreme(All) 617 • India - Allahabad
SANJAY KUMAR SINGH
released on bail only on the ground of parity of bail order of co-accused - Whether or not the accused has committed offence under the NDPS ... Kumar Shukla (applicant). ... On interrogation, the apprehended accused persons, who were sitting in Honda City car, disclosed their names as Praveen Maurya alias Punit Maurya (owner), Rishabh Kumar (Driver) and Dhiraj Maurya, whereas person, who was driving Swift Dzire car disclosed his name as Dheeraj Kumar Shukla (applicant). ... Sonu Shukla (brother of appli....
2025 Supreme(Online)(MP) 6031 • India - High Court of Madhya Pradesh
DEVNARAYAN MISHRA, J
Narcotic Drugs and Psychotropic Substances Act, 1985 ." 11. Co-ordinate bench of this Court in the case of Rahul Shukla (supra) has not decided any principle in this regard. Sections 8 /21 of the NDPS Act and from Signature Not Verified Signed by: DHEERAJ his possession NRX Buprenorphine Hydrochloride Injection 0.3 mg total 45 ampoules have been recovered. ... For the purpose of commercial quantity 20 grams of Signature Not Verified Signed by: DHEERAJ Buprenorphine is 66666.60 milliliters when it is in ....
2025 0 Supreme(Gau) 114 • India - Gauhati
SANJAY KUMAR MEDHI
(A) NDPS Act, 1985 - Sections 21(c), 24, 29, and 37 - Bail application rejected - Petitioner arrested for ... (E) Ratio Decidendi - The court ruled that the NDPS Act imposes strict requirements for bail, emphasizing that societal interest ... Order dated 25.01.2023 by the Hon’ble Supreme Court in SLP(Crl.)/6690/20222 [Dheeraj Kumar Shukla Vs. State of U.P.] 7. ... So far as the case of Dheeraj Kumar Shukla (Supra) is concerned, the facts would reve....
2023 0 Supreme(P&H) 1815 • India - Punjab and Haryana
N. S. SHEKHAWAT
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22 ... ... (C) and Section 37 - Petitioner seeks regular bail ... Learned counsel for the petitioner has relied upon the law laid down of the Hon’ble Supreme Court in the matter of SLP No.6690 of 2022, titled as “ Dheeraj Kumar Shukla Vs. ... On an interrogation at the spot, Praveen Maurya @ Puneet Maurya, Rishab Kumar Maurya and Dheeraj Kumar Shukla were found to be occupants of the ‘Honda City’ car whereas the petitioner was driving....
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