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1 - 6 of 6 (0.22 seconds)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.
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
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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.
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."
The Indian Penal Code, 1860
The Narcotic Drugs And Psychotropic Substances Act, 1985
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