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There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.
“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”
Bombay High Court was convinced of the applicant making out a case to believe that he may not have been found in conscious possession of the narcotic substance.
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.
“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”
A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
Karnataka High Court: In a case where the applicant-accused seeks bail on being apprehended by police, having possession of Ganja and Bhang
Gujarat High Court: S.H. Vora, J. rejected a bail application filed in relation to the FIR registered for the offence punishable under
Punajb and Haryana High Court: In a petition filed under section 439 CrPC for grant of regular bail under Sections 22, 25,
Punjab and Haryana High Court: Expressing that, State of Punjab which was known as one of the prosperous States is now at
Bombay High Court: Sandeep K. Shinde, J., granted bail to a person from whom LSD drops of LSD solution and charas was recovered
Kerala High Court: A Single Judge Bench comprising of Sunil Thomas, J. refused enlargement on bail of a person accused of transacting