3 months, 2 weeks ago

Contraband Smuggled In By Drones From Pakistan, Masterminds Behind Illegal Trafficking Can't Be Granted Bail: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has refused to grant bail to a man accused of illicit trafficking of 50 grams of heroin, observing that "the quantity involved is categorized as "Intermediate Quantity" does not, by itself, bestow an automatic right to bail.Justice Sandeep Moudgil said, "merely because the quantity involved is categorized as "Intermediate Quantity" does not, by itself,. The Punjab & Haryana High Court has refused to grant bail to a man accused of illicit trafficking of 50 grams of heroin, observing that "the quantity involved is categorized as "Intermediate Quantity" does not, by itself, bestow an automatic right to bail. Justice Sandeep Moudgil said, "merely because the quantity involved is categorized as "Intermediate Quantity" does not, by itself, bestow an automatic right to bail. In the present case, the Court noted that, the petitioner's criminal history, marked by involvement in three other similar cases, "raises serious concerns about the likelihood of reoffending" and there is a distinct possibility that, if granted bail, the petitioner will once again partake in this unlawful enterprise.

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History of this topic

3 days, 21 hours ago

Must Be Vigilant At Entry Point Rather Than Indiscriminately Deny Bail: Punjab & Haryana HC On Foreign Nationals Engaging In Illegal Activities

Live Law

The Punjab & Haryana High Court has said that for foreign nationals engaging in unlawful activities, "a measured legal response necessitates vigilance at the point of entry rather than the indiscriminate denial of bail." The Court suggested that, "The cornerstone of an effective deterrence mechanism lies in rigorous pre-admission scrutiny- comprehensive background verifications before visa issuance and the immediate revocation …

1 week, 3 days ago

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court

Live Law

In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. In a significant development, the Punjab & Haryana High Court has …

2 weeks ago

Court grants bail to man in 13,864 kg-heroin smuggling case: No formal charges

India Today

The Bombay High Court has granted bail to a man from Punjab's Ludhiana, accused of transferring Rs 1.5 lakh for clearing a consignment of 13,864 kg of heroin at Navi Mumbai's Nhava Sheva port for his brother, the main accused in the case. The High Court emphasised the prolonged imprisonment of accused Gurjugdip Singh Smagh and the absence of formal …

2 weeks, 4 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

3 weeks, 1 day ago

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court

Live Law

The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity.Section 37 of the NDPS Act states that bail should not be granted to an accused unless the accused is able …

1 month, 2 weeks ago

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

Live Law

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act, where sentence is of ten years, the accused should generally be not released on bail.Justice Manisha Batra said,"It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the …

1 month, 2 weeks ago

Offences Under NDPS Act A 'Menace' Affecting The Youth: Gujarat HC Denies Bail To Man Accused Of Manufacturing Commercial Quantity Drug

Live Law

The Gujarat High Court denied regular bail to a man booked under the NDPS Act for being the "main manufacturer" of the contraband Mephedrone which was found to be of commercial quantity, after considering the role stated to be played by the man noting that his act would have effect on the youth of the nation. The high court noted …

1 month, 3 weeks ago

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

Live Law

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. Justice Krishan Pahal held, “Keeping the applicant in custody under these circumstances, when there is no realistic possibility of the trial being concluded in …

2 months, 1 week ago

Failure To Disclose Information About Accomplices Can't Be Construed As 'Non-Cooperation With Investigation': Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has said that "non-cooperation in investigation” must be interpreted with precision and cannot be equated with the failure of the accused to disclose information about his alleged accomplices or for facilitating the recovery of bribe money.Justice Manjari Nehru Kaul while allowing an anticipatory bail application in a corruption case, rejected the. Justice Manjari Nehru …

2 months, 1 week ago

NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has made it clear that the grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 of the NDPS Act, 1985.As per Section 37 of the NDPS Act, the Court can grant bail to an accused in …

2 months, 2 weeks ago

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

Live Law

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and …

3 months, 2 weeks ago

'Surprising' That Pre-Arrest Bail Denied In 3gm Heroin Case, Punjab & Haryana HC Says Courts Must Not Deny Bail In Minor Offences Despite Criminal History

Live Law

Expressing surprise that pre-arrest bail was rejected by the Sessions Court to an accused in case involving merely 3 grams of heroin, the Punjab & Haryana High Court said that bail should not be rejected in minor offences on the ground that accused has criminal history.The High Court said, "Although the legal system upholds the principle that crime, not the …

3 months, 3 weeks ago

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National

Live Law

The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities Act for allegedly being in touch with a Pakistani national and arranging money for "anti-national activities. The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities Act for allegedly being in touch with a Pakistani national …

4 months ago

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters

Live Law

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Jail Superintendent accused of collecting bribe from gangsters to supply them mobile phones inside the Haryana's Kurukshetra prison and allowed visits of hard core criminal without entry in register. The Court rejected the plea that investigation against the Jail Superintendent was lodged without following the provision …

4 months, 1 week ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

6 months, 3 weeks ago

Female Infanticide In Punjab & Haryana Is 'Deeply Disturbing': HC Rejects Pre-Arrest Bail Of Doctor Accused Of Running Sex-Determination Racket

Live Law

Observing that "female infanticide remains a deeply disturbing issue in India, particularly in this part of the country", the Punjab & Haryana High Court has refused to grant pre-arrest bail to a doctor accused of operating widespread illegal sex determination racket in both states.Justice Manjari Nehru Kaul said, "It needs to be pointed out that female infanticide remains a deeply. …

10 months, 1 week ago

'Require Active Deterrence': Punjab & Haryana High Court Refuses Pre-Arrest Bail To Man Booked For Stalking, Brandishing Gun At Girl

Live Law

The Punjab and Haryana High Court has refused to grant anticipatory bail to a 34-year-old man accused of stalking and brandishing a gun at a girl, observing that the act "requires active deterrence. "Justice Sumeet Goel observed, "A man who is hounding a young female while brandishing a gun, poses a threat which can become a cause of disquiet and …

1 year, 2 months ago

Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case

Live Law

The Punjab & Haryana High Court has granted bail to Congress MLA from Punjab's Bholath, Sukhpal Singh Khaira in 2015 International Drugs trade case, observing that he "cannot be said to be prima facie guilty for any allegations".Khaira was arrested on September 28, 2023 in a case related to massive heroine trade. The Punjab & Haryana High Court has granted …

1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

1 year, 4 months ago

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

Live Law

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society. The Punjab & Haryana High Court has …

1 year, 5 months ago

Disproportionate Assets Indicate Drug Trafficking At Instance Of Corrupt Punjab Police, High Court Refuses Pre-Arrest Bail To Dismissed AIG Raj Hundal

Live Law

Observing that being a police officer, he was supposed to be extremely upright, primarily when dealing with sensitive matters, including drugs, the Punjab and Haryana High Court today dismissed the anticipatory bail plea of former AIG Raj Jit Hundal in a disproportionate assets case. The background of the sources of such massive disproportionate assets points to drug trafficking at the …

1 year, 6 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab

Live Law

The Punjab & Haryana High Court has granted bail to a man accused of having links with agents of Inter-Services Intelligence of Pakistan, who was allegedly targeting people for ransom in Punjab for creating communal tension.Observing that further incarceration of the petitioner is not required, the bench of Justice Jagjit Singh Bedi said, "The veracity of the prosecution case against. …

1 year, 8 months ago

Punjab & Haryana High Court Refuses To Grant Bail To Army Man Accused Of Sending Information About Military Stations To Co-Accused With Pak Links

Live Law

The Punjab & Haryana High Court has refused to grant regular bail to an Army personnel Harpreet Singh, who is accused of providing secret information and documents to a co-accused, who was apprehended allegedly with 70 grams of heroin in 2021. The bench of Justice Manjari Nehru Kaul said, “Prima facie there are very grave, serious and specific allegations against …

2 years, 2 months ago

Reasonable grounds for bail in drug cases are subjective: Punjab and Haryana HC

Hindustan Times

In an important judgment, the Punjab and Haryana high court has said that the courts have to grant or deny bail to an accused in drugs seizure cases on the basis of its “subjective satisfaction” based on an “objective assessment” of the material brought before it by the prosecution. The bench further recorded that the “reasonable grounds” as envisaged in …

2 years, 2 months ago

HC grants bail to drug accused as cops play truant in trial proceedings

Hindustan Times

The Punjab and Haryana high court has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in the case were not appearing before the trial court to depose as witnesses. The Punjab and Haryana HC has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in …

2 years, 6 months ago

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC

Live Law

The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless …

2 years, 7 months ago

NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates

Live Law

The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. The bench comprising Justice Avneesh Jhingan placed reliance on the judgement of Supreme Court in NCB v. Mohit Aggarwal and …

2 years, 9 months ago

Punjab & Haryana High Court Denies Anticipatory Bail In Case Of Smuggling Of Commercial Quantity Of Heroin From Pakistan To India

Live Law

Punjab and Haryana High Court while dealing with a prayer for grant of anticipatory bail in NCB Crime case filed under provisions of NDPS Act, 1985 to the accused-petitioner who was involved in the smuggling of Commercial quantity of Heroin from Pakistan to India, held that based on the reply submitted by the NCB, the role and active involvement of …

2 years, 10 months ago

Highly Unbelievable One Would Keep Identity Proof In Bag Along With Contraband: Himachal Pradesh High Court Grants Bail To NDPS Accused

Live Law

While granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Himachal Pradesh High Court said that it is highly unbelievable that the persons carrying a commercial quantity of contraband would keep documents relating to their identity in the same bag. It observed, "Once, the bail petitioner was found carrying the wallet; it is not …

2 years, 11 months ago

'Accused Are Ladies, Incarcerated For 8 Months': Punjab & Haryana High Court Grants Bail To Three Allegedly Involved In ₹31 Crore GST Fraud

Live Law

The Punjab and Haryana High Court recently granted bail to three women allegedly involved in a case of siphoning off approximately Rs. The Petitioners had sought regular bail in proceedings initiated by Superintendent CGST, Commissionerate Ludhiana u/s 132 of the Central Goods and Services Tax Act, 2017 read with Section 20 of the Integrated Goods and Services Tax Act, 2017. …

3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

3 years, 4 months ago

800gm heroin seizure in Haryana: HC grants bail, saying accused not properly informed of search procedure

Hindustan Times

Chandigarh The Punjab and Haryana high court has granted bail to an accused in a 800-gram heroin seizure case as the accused was not properly informed of his rights during search at the time of alleged recovery. “No doubt, notice under Section 50 of the NDPS Act mentions the petitioner having been apprised of his rights, but the said notice …

3 years, 5 months ago

Maharashtra minister Nawab Malik's son-in-law granted bail in drugs case

India Today

After eight months in prison, Maharashtra minister Nawab Malik's son-in-law Sameer Khan has been granted bail on Monday by a Mumbai court dealing with Narcotic Drugs and Psychotropic Substances Act. On Monday, Judge A A Joglekar granted bail to Sameer Khan and ordered his release from jail on furnishing personal bond of Rs 50,000 with one or two solvent sureties …

3 years, 6 months ago

'Drug Suppliers Enjoying Political Patronage Escape Punishment, Only Small Time Carriers Get Caught': Punjab & Haryana HC Denies Pre-Arrest Bail

Live Law

The Punjab and Haryana High Court has reiterated that possession of contraband by a person is not necessary to attract the rigors of the Narcotic Drugs and Psychotropic Substances Act, 1985. The reason for this, the Court said is that often organizers of drug cartels keep themselves at a distance from the contraband and hence, making possession a necessary ingredient …

3 years, 8 months ago

Bust Drug Cartels, Catch Hold Of Fake Medical Stores: Punjab & Haryana High Court Directs Police

Live Law

The Punjab & Haryana High Court has ordered the Director-General of Police to take practical steps to curb the spread of drug supply and consumption in the State. It has further directed the DGP to 'catch hold' of such persons who are running fake companies/ fake medical stores without valid licenses, for illegal drug trade.The direction was made by a …

3 years, 8 months ago

Sympathy Shown To Drug Peddlers In Granting Bail May Prove Counter Productive, Resulting In Increased Trafficking: Punjab & Haryana High Court

Live Law

The Punjab and Haryana High Court has observed that showing sympathy towards alleged drug peddlers at the time of granting bail often proves counterproductive as they indulge in further trafficking, one enlarged. Holding thus, a Single Bench of Justice HS Madaan recently denied bail to an accused under Narcotic Drugs and Psychotropic Substances Act, 1985, found in conscious possession. Recently, …

4 years, 4 months ago

Drug Menace Destroying Lives Of Citizens: Punjab & Haryana High Court Denies Alleged Drug Peddler's Pre-Arrest Bail Plea [Read Order]

Live Law

The Punjab and Haryana High Court on Monday expressed concern over the rising drug menace in the state, which is ultimately "destroying the lives" of its citizens. The Single Bench of Justice Harsimran Singh Sethi observed, "The lives of the citizens are being destroyed due to the selling of these banned substance. Findings Stating that the custodial interrogation of the …

4 years, 5 months ago

[Section 54 NDPS Act] Bombay High Court Refuses Bail To Men Caught With Over 203 Kg Marijuana [Read Order]

Live Law

The Bombay High Court earlier this month refused to grant bail to two men facing prosecution for offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 after being apprehended by the police along with 9 others for carrying Marijuana from Andhra Pradesh into Maharashtra weighing 203 Kg and 450 grams. Additional Public Prosecutor Arfan Sait opposed the applications …

5 years, 8 months ago

Right To Get Anticipatory Bail Is Not Any Fundamental Right, Says Punjab & Haryana HC [Read Order]

Live Law

Right to get anticipatory bail is not any fundamental right, remarked the High Court of Punjab and Haryana while rejecting an application filed by a man involved in a case registered under the Narcotics Drugs & Psychotropic Substances Act, 1985. Justice Rajbir Sehrawat observed that the statutory power of granting pre-arrest bail is so extraordinary that it is not even …

9 years, 3 months ago

Bombay HC issues guidelines in the matter of Human Trafficking crimes : says not being trafficked is a fundamental right, bail shall not be granted for Habitual Traffickers [Read Judgment]

Live Law

An accused who is a trafficker in humans who has criminal antecedents, has been violent as seen from the statements of the victims of witnesses, who has no permanent local address, who is an illegal migrant or nonlocal resident or a foreign national on a lapsed tourist visa, who has trafficked a minor or who has absconded and is arrested …

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