Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

Nzube Christian Asika Versus NCB

2017 (11) TMI 741 - DELHI HIGH COURT

Grant of Regular Bail under Sections 21 (c), 23(c) read with Section 50-A of the NDPS Act - Held that:- From the perusal of the record it transpires that the petitioner was apprehended from the spot by the raiding team after he took the delivery of the alleged parcel which contained 185 grams of cocaine. At the time of the search, the respondents have complied with the provisions envisaged under the statue and served him notice under Section 50 of the NDPS Act and also conducted the search in pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the offences alleged, this court does not deem it a fit case to grant bail to the petitioner. - BAIL APPLN. 407/2017 - Dated:- 7-11-2017 - Sangita Dhingra Sehgal, J. For the Petitioner : Mr. J.S. Kushwaha, Advocate For the Respondent : Mr. Rajesh Manchanda with Mr. Rajat Manchanda, Advocates ORDER 1. By way of the present petition filed under Section 439 of the Code of Criminal Procedure (hereinafter referred Cr.PC. ), the petitioner seeks grant of Regular Bail in SC No. 8897/2016 under Secti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f the parcel confirms the presence of prohibited drugs and the parcel was sent to India to be received by the NCB under controlled Delivery in accordance with the provisions of Section 50-A of the NDPS Act. Mr. C.S.K. Singh, IO was directed by Sh. R.K.Singh, Superintendent to receive the controlled delivery parcel and thereafter to handover the said parcel to DHL officials. The parcel was handed over to the DHL. Mr. Sandeep Kumar, IO was directed to hold surveillance and liaison at DHL Office. O .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of them was found to contain a message relating to the airway bill of the parcel in question. 3. Mr. J.S. Kushwaha, learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case; that there is a clear violation of mandatory provisions of law which casts shadow of doubt on the prosecution story; that the petitioner is having clean antecedents; that the petitioner is not a previous convict and there is no other criminal record available against t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in the commission of a serious offence and had been caught by the officials of the respondent with the seized contraband of 185 grams of cocaine; that the arrest of the petitioner was for the violation of the commercial quantity of contraband, therefore, he is not entitled for bail in view of the provisions of Section 37 of the NDPS Act; that there is no ambiguity or irregularity in drawing the samples or sending the samples for laboratorial analysis; that there will be likelihood of the petitio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urse. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version