Single Judge of Chhattisgarh High Court dismissed a Section 439 CrPC bail application in an NDPS offence case involving recovery of 80 Kg Ganja, holding that Section 37 NDPS Act bars bail due to commercial quantity.
Bail application dismissed; no release granted.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1661 of 2023
---- Petitioner
Versus
---- Respondent
For Applicant Mr. Vikash A. Shrivastava, Advocate For Respondent /State Mr. Vinod Tekam, Panel Lawyer
SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board
4/7/2023
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been in jail since more than one year. He further submits that the search and seizure witnesses have turned hostile. Hence, learned counsel for the applicant prays for releasing the applicant on bail.
( Deepak Kumar Tiwari) Judge
Shyna
2 issues framed by the court
Whether bail should be granted in a case involving commercial quantity of narcotic substance under the NDPS Act.
What is the effect of Section 37 of the NDPS Act on bail eligibility in cases of 80 Kg Ganja recovery.
3 provisions across 2 enactments
Dharmendra Kumar
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
