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Union Of India vs Shri Shiv Shanker Kesari on 14 September, 2007

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case by the owner of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner has relied on the judgment of Hon'ble Supreme Court in the case of Union of India vs. Shiv Shankar Kesari (2007) 7 SCC 798. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2022.
Supreme Court of India Cites 11 - Cited by 2363 - A Pasayat - Full Document

Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi on 11 January, 2012

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the said recovery of ganja is a commercial quantity and has recovered from the conscious possession of the petitioner. In this case section 37 of N.D.P.S. Act will apply. It is further submitted that the petitioner is one of the occupants of the said truck as a driver and he was arrested on the spot. The petitioner has full and complete knowledge of the said contraband. It is further submitted that earlier the bail application of this petitioner was rejected by this Court vide order dated 22.09.2022 passed in Cr. Misc. No. 28356 of 2022. Learned APP has further submitted that in the case of Mohd Muslim @ Patna High Court CR. MISC. No.55466 of 2023(3) dt.15-09-2023 3/4 Hussain vs. State (NCT of Delhi) the petitioner remained in custody for over 7 years whereas this petitioner remained in custody only for about 1 and a half year. There is no prolonged incarceration. He has further submitted that the authority of the Hon'ble Supreme Court cited by the learned counsel for the petitioner does not support his contention.
Supreme Court of India Cites 42 - Cited by 221 - H L Dattu - Full Document

Narcotics Control Bureau vs Mohit Agarwal on 19 July, 2022

The Hon'ble Supreme Court in the case of Narcotics Control Bureau v. Mohit Aggarwal 2022 SCC OnLine SC 891 has held that "The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be Patna High Court CR. MISC. No.55466 of 2023(3) dt.15-09-2023 4/4 treated as persuasive grounds for granting relief to the respondent under Section 37 of the N.D.P.S. Act."
Supreme Court of India Cites 14 - Cited by 369 - H Kohli - Full Document
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