"Party Autonomy is the Backbone of Arbitration: Bombay High Court Upholds Sole Arbitrator Appointment Despite Party’s Attempts to Frustrate Arbitration Proceedings    |     Reasonable Doubt Arising from Sole Testimony in Absence of Corroboration, Power Cut Compounded Identification Difficulties: Supreme Court Acquits Appellants in Murder Case    |     ED Can Investigate Without FIRs: PH High Court Affirms PMLA’s Broad Powers    |     Accident Claim | Contributory Negligence Cannot Be Vicariously Attributed to Passengers: Supreme Court    |     Default Bail | Indefeasible Right to Bail Prevails: Allahabad High Court Faults Special Judge for Delayed Extension of Investigation    |     “Habitual Offenders Cannot Satisfy Bail Conditions Under NDPS Act”: Punjab & Haryana High Court Denies Bail to Accused with Extensive Criminal Record    |     Delhi High Court Denies Substitution for Son Due to 'Gross Unexplained Delay' of Over Six Years in Trademark Suit    |     Section 4B of the Tenancy Act Cannot Override Land Exemptions for Public Development: Bombay High Court    |     Suspicion, However High, Is Not a Substitute for Proof: Calcutta High Court Orders Reinstatement of Coast Guard Officer Dismissed on Suspicion of Forgery    |     Age Not Conclusively Proven, Prosecutrix Found to be a Consenting Party: Chhattisgarh High Court Acquits Accused in POCSO Case    |     'Company's Absence in Prosecution Renders Case Void': Himachal High Court Quashes Complaint Against Pharma Directors    |     Preventive Detention Cannot Sacrifice Personal Liberty on Mere Allegations: J&K High Court Quashes Preventive Detention of Local Journalist    |     J.J. Act | Accused's Age at Offense Critical - Juvenility Must Be Addressed: Kerala High Court Directs Special Court to Reframe Charges in POCSO Case    |     Foreign Laws Must Be Proved Like Facts: Delhi HC Grants Bail in Cryptocurrency Money Laundering Case    |    

High Court Grants Bail in NDPS Case, Stresses ‘Innocent Until Proven Guilty’”

31 August 2024 12:26 PM

By: sayum


Court orders bail for Lalchan Naik, accused in case involving 48 kgs of ganja, emphasizing prolonged detention and completed investigation. In a significant decision, the High Court of Andhra Pradesh at Amaravati granted bail to Lalchan Naik, accused in a major narcotics case. Justice K. Sreenivasa Reddy emphasized the principle of presumption of innocence, highlighting the completion of the investigation and the petitioner’s prolonged incarceration as key factors in the decision.

The case against Lalchan Naik, also known as Lakshman Naik, arose on March 2, 2024, when he was arrested along with co-accused for illegal possession and transportation of 48 kgs of ganja. The prosecution alleged that Naik and his associates were transporting the ganja from Orissa to Bangalore, and that they were paid Rs. 10,000 each for their involvement. Following their arrest by the Tangutur Police Station, Naik and the other accused were remanded to judicial custody.

Justice K. Sreenivasa Reddy noted that Naik had been in custody since his arrest on March 2, 2024, and that the investigation had been completed, with the only remaining step being the filing of the charge sheet. The court acknowledged the seriousness of the offence under Section 8 © read with 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, but also recognized the need to balance this with the rights of the accused.

The court found that the seizure of the ganja, based on the mediators’ report and the confessions obtained, provided a prima facie case against Naik. However, the court stressed the importance of not prejudging the case before the trial, underlining the principle of ‘innocent until proven guilty.’

In granting bail, the court referenced the completed investigation and the prolonged period of pre-trial detention. “The petitioner has been in jail for over four months, and the investigation has concluded. The prolonged detention without the filing of a charge sheet violates the rights of the accused,” Justice Reddy stated. The conditions for bail included a personal bond of Rs. 10,000 and regular appearances before the Station House Officer.

Justice K. Sreenivasa Reddy remarked, “The petitioner herein/Accused No.2 shall be released on bail on his executing a personal bond for Rs.10,000/- with two sureties for a like sum each. This decision underscores the judiciary’s commitment to upholding the rights of individuals while ensuring that the law takes its course.”

The High Court’s decision to grant bail to Lalchan Naik in this NDPS Act case underscores the balance the judiciary seeks to maintain between the enforcement of drug laws and the protection of individual rights. By focusing on the completion of the investigation and the principle of presumption of innocence, the judgment highlights the legal safeguards in place for accused individuals. This decision will likely influence future cases where the timely filing of charge sheets and the rights of the accused are in question.

Date of Decision: 23rd July, 2024

Lalchan Naik @ Lakshman Naik vs. The State Of Andhra Pradesh

Similar News