Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Gujarat High Court Rejects Bail in Major Narcotics Case: "Jail, Not Bail, Appropriate Remedy" for Drug Syndicate Mastermind

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Gujarat High Court, presided over by Justice Divyesh A. Joshi, denied the bail application of Sultan Habib Lodha, accused of being intricately involved in a significant international drug trafficking network. The case, prominently featuring a 56 kg heroin seizure by the Anti-Terrorist Squad (ATS) and coastguard, has underscored the stringent stance of the Indian judiciary against narcotics smuggling.

Sultan Habib Lodha, apprehended for his alleged role in smuggling a vast quantity of heroin from Pakistan to India, sought bail under Section 439 of the Code of Criminal Procedure. However, the court, referencing the seriousness of the offense and the accused's past involvement in similar activities, dismissed the plea, emphasizing the rigorous criteria for granting bail in cases involving commercial quantities of narcotics under the NDPS Act.

In a striking observation, Justice Joshi noted, "The criminal act of the petitioner/accused is not only shocking but outrageous in contours. The granting of bail to the petitioner/accused would lead to the danger of the course of justice being thwarted. I, therefore, hold that this is the fittest case where, 'Jail' and not 'Bail', is the appropriate remedy at this stage."

The judgment extensively considered the implications of Section 37 of the NDPS Act, which places stringent restrictions on bail for offenses involving substantial quantities of drugs. The court, referring to precedents like Union of India v. Ram Samujh and Union of India v. Md. Nawaz Khan, underscored the legislative intent behind the NDPS Act's strict provisions. The bench highlighted that drug trafficking crimes not only affect individuals but pose a grave threat to society, especially the youth.

Mr. Nasir Saiyed, representing the accused, argued that Lodha was implicated based on a supplementary charge-sheet and was not in conscious possession of the narcotics. Contrarily, the Assistant Public Prosecutor, Mr. Ronak Raval, emphasized Lodha's key role in the entire operation, with call data records linking him to the Pakistani drug dealer Mustufa Aiyub Miyana and other co-accused.

This decision marks a significant reinforcement of the judiciary's commitment to combat the menace of drug trafficking in India. The court's stringent interpretation of the NDPS Act's bail provisions sends a clear message to those involved in narcotics smuggling: such offenses will be met with the full force of the law.

Date of Decision: 1st March 2024

SULTAN HABIB LODHDA VS STATE OF GUJARAT

Latest Legal News