AI Overview...
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No Recovery from Possession - Multiple cases highlight that bail under the NDPS Act is often granted when there is no recovery of contraband from the accused's possession, especially if the accused has no criminal antecedents and has been in custody for a prolonged period. Courts consider the absence of recovery as a significant factor favoring bail Sagar Jatav VS State of Rajasthan - Rajasthan, Arjun S/o Shri Durgashankar Prajapat vs State Of Rajasthan - Rajasthan, Dilshad Khan @ Chhotu VS State of Haryana - Punjab and Haryana, Deepak vs State Of Rajasthan - Rajasthan, Kishan S/o Hansraj vs State Of Rajasthan - Rajasthan, ANIL KUMAR YADAV Vs State - Allahabad.
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Co-accused Parity - Courts have granted bail to co-accused and applied principles of parity, especially when similar cases involving co-accused with no recovery have been decided in favor of bail Sagar Jatav VS State of Rajasthan - Rajasthan, Arjun S/o Shri Durgashankar Prajapat vs State Of Rajasthan - Rajasthan, Kishan S/o Hansraj vs State Of Rajasthan - Rajasthan.
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Recovery and Conscious Possession - When recovery of narcotics is made from the house or premises but not from the accused’s conscious possession, courts tend to favor bail, emphasizing that recovery from the premises does not necessarily imply possession by the accused Inderjeet Singh VS State Of Himachal Pradesh - Himachal Pradesh, ANKUR KUMAR Vs The State - Patna.
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Duration of Custody - Extended detention without recovery supports bail decisions, as prolonged custody without substantive evidence of possession diminishes the likelihood of conviction, aligning with the object of bail to ensure the accused's appearance at trial rather than punishment Dilshad Khan @ Chhotu VS State of Haryana - Punjab and Haryana, LAKYNTIEWRISHA NONGRUM vs STATE OF MEGHALAYA AND ANR. - Meghalaya.
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Legal Principles - Courts consistently consider the absence of recovery, the nature of the offence under NDPS, the accused's criminal history, and the principle of parity with co-accused when deciding bail applications Deepak vs State Of Rajasthan - Rajasthan, Kishan S/o Hansraj vs State Of Rajasthan - Rajasthan.
Analysis and Conclusion:
The overarching trend indicates that under the NDPS Act, courts are inclined to grant bail when there is no recovery of contraband from the accused's possession, especially if the accused has no prior criminal record and has been in custody for a significant period. The absence of recovery diminishes the strength of the prosecution's case, and principles of parity further support granting bail to similarly situated co-accused. Recovery from premises without conscious possession by the accused is generally not sufficient to deny bail. Therefore, in cases where no recovery has been made from the accused, bail is often granted to uphold the object of bail—ensuring the accused's appearance at trial—rather than punitive measures.
Search Results for "Ndps no Recovery from Possession Bail Granted"
2023 0 Supreme(Raj) 1789 • India - Rajasthan
ANIL KUMAR UPMAN
possession challenged - Bail granted considering lack of criminal antecedents and prolonged custody. ... offences, with no recovery from their possession, and are in custody since arrest. ... ... ... Issues: Whether the petitioners should be granted bail considering no recovery from them and the admissibility of evidence ... He submits that 270 grams....
2025 Supreme(Online)(Raj) 12246 • India - High Court of Rajasthan (Jodhpur Bench)
CHANDRA PRAKASH SHRIMALI, VJ
The petitioner claimed false implication with no recovery from his possession, and co-accused were granted bail. ... The court granted bail, emphasizing non-recovery from the petitioner. ... ... Result: Bail application allowed. ... the NDPS Act. ... Learned counsel further submits that no recovery of narcotic cont....
2018 0 Supreme(HP) 1500 • India - Himachal Pradesh
SURESHWAR THAKUR
based on the recovery of Heroin from his possession. ... NDPS Act - Bail Application - The court granted bail to the applicant based on the quantity of Heroin recovered and the lack of ... Issues: Bail application under Section 439 Cr.P.C, offences under Section 21-61-85 of NDPS Act, recovery of Heroin from the ... The afore quantity....
2023 0 Supreme(P&H) 1226 • India - Punjab and Haryana
SANDEEP MOUDGIL
Bail - NDPS Act - Regular Bail Granted Fact of the Case: The petitioner sought regular bail under Section 439 Cr.P.C ... the lack of recovery from the petitioner's possession and the petitioner's custody for over 2 months. ... The court noted that no recovery was made from the petitioner's possession and that the conclusion of the tr....
2025 0 Supreme(Raj) 268 • India - High Court of Rajasthan (Jodhpur Bench)
Mr. Justice Kuldeep Mathur, J
No.756/2024 for offences under NDPS Act, with no recovery from his possession and the co-accused having been granted bail earlier ... 8/22 and 8/29 of NDPS Act - The psychotropic substance was not recovered from the conscious possession of the petitioner - Co-accused ... (Paras 1-8) ... ... (B) Bail - The principle of parity applies where co-accused ....
2025 Supreme(Online)(Raj) 11053 • India - High Court of Rajasthan (Jodhpur Bench)
CHANDRA PRAKASH SHRIMALI, J
The court considered the absence of recovery from the petitioner’s possession and noted that co-accused had been granted bail previously ... No.166/2021 for violations of the NDPS Act. ... Consequently, the bail application is allowed. ... may be granted to the accused-petitioner. ... Having considered the rival submissions, facts and circumstances of the case, conside....
2018 0 Supreme(P&H) 1287 • India - Punjab and Haryana
DAYA CHAUDHARY
NDPS Act - Bail - The court granted regular bail to the petitioner, considering that the recovery of contraband was not from the ... Finding of the Court: The court found that the recovery of contraband was not from the conscious possession of the ... Issues: The issues involved the recovery of contraband, conscious possession of t....
• India - Patna High Court
Mr. Justice Satyavrat Verma
BAIL - NDPS ACT - SECTION 8/20(B)(II)(B), 25 AND 29 - BAIL GRANTED TO CO-ACCUSED - NO RECOVERY FROM CONSCIOUS POSSESSION OF PETITIONER ... The court also noted that the recovery of ganja was made from the house of Vijay Kumar, not from the conscious possession of the ... Issues: Whether the petitioner should be granted bail....
• India - Allahabad High Court
BAIL - NDPS ACT - POSSESSION - NO RECOVERY FROM ACCUSED - NAME DISCLOSED BY CO-ACCUSED - CO-ACCUSED RELEASED ON BAIL - NO CRIMINAL ... HISTORY - BAIL GRANTED Fact of the Case: The applicant was arrested in connection with an NDPS case. ... Ratio Decidendi: The court held that the applicant was entitled to be released on bail conside....
2024 Supreme(Online)(MEGH) 254 • India - High Court of Meghalaya
Mr. Justice W. Diengdoh, J
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(b) and 29 - Bail applications concerning possession of contraband ... - The court emphasized that the object of bail is to ensure appearance at trial, not punitive - Bail granted with conditions. ... under Section 54 to apply, it must be established that recovery was made from the accused. ... But to....
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