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1 - 8 of 8 (1.21 seconds)Section 29 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
9. As per the law settled by the Hon'ble Supreme Court, in
Gurbaksh Singh Sibbia Vs. State of Punjab, AIR 1980 SC 1632, while
granting anticipatory bail, the Court is to maintain a balance between the
individual liberty and the interest of society. However, the interest of the
society would always prevail upon the right of personal liberty. The
relevant part of the judgment is as follows:-
The State vs Captain Jagjit Singh on 14 September, 1961
are some of the considerations which the court has to keep
in mind while deciding an application for anticipatory
bail. The relevance of these considerations was pointed
out in State v. Captain Jagjit Singh (1962) 3 SCR 622,
which, though, was a case under the old Section 498
which corresponds to the present Section 439 of the Code.
It is of paramount consideration to remember that the
freedom of the individual is as necessary for the survival
of the society as it is for the egoistic purposes of the
individual. A person seeking anticipatory bail is still a free
man entitled to the presumption of innocence. He is
willing to submit to restraints on his freedom, by the
acceptance of conditions which the court may think fit to
impose, in consideration of the assurance that if arrested,
he shall be enlarged on bail."
State Rep. By The C.B.I vs Anil Sharma on 3 September, 1997
10. The Hon'ble Supreme Court in State Vs. Anil Sharma,
(1997) 7SCC 187, held as under:-
The State Of Haryana vs Samarth Kumar on 20 July, 2022
11. The petitioner has approached this Court praying for grant of
anticipatory bail, however, Hon'ble Supreme Court in The State of
Haryana vs. Samarth Kumar, 2022 Livelaw (SC) 622 has held that in the
cases like the present one, the accused may take advantage of facts like
no recovery was effected from him and that he was implicated on the
basis of disclosure statement made by the main accused, at the time of
arguing regular bail application or at the time of final hearing after
conclusion of trial.
State By The Inspector Of Police vs B. Ramu on 21 October, 2022
12. Hon'ble Supreme Court in State by the Inspector of Police
vs. B. Ramu, 2024(1) Law Herald (SC) has held as under:-
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