The laws applied in this case include: The Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] — This statute governs the prohibition, regulation, and control of operations relating to narcotic drugs and psychotropic substances, and prescribes the conditions under which offences are committed and punishable. The provisions related to anticipatory bail under the Criminal Procedure Code — These provisions outline the circumstances and criteria under which an individual may be granted anticipatory bail to prevent arrest in anticipation of an accusation. Principles of statutory interpretation and judicial discretion — These principles guide the court’s evaluation of the grounds for granting or denying anticipatory bail, especially in cases involving serious offences under the NDPS Act. General legal principles concerning the burden of proof and the significance of evidence — This includes considerations regarding the absence of recovery and the reliance on disclosure statements, and how such factors influence the court’s decision-making process regarding bail. Please note that specific case law references are not included as per your instructions.

State of Haryana vs Samarth Kumar - 2022 Supreme(SC) 1562

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1562

INDIRA BANERJEE, V. RAMASUBRAMANIAN
State of Haryana – Appellant
Versus
Samarth Kumar – Respondent

Advocates appeared:
Mr. Anil Kaushik, AAG,Mr. Rajat Rana, Advocate, Ms. Anju Kaushik, Advocate, Mr. Vishwa Pal Singh, Advocate, For the Appellant / Mr. Rishi Malhotra, Advocate, Dr. Sanjay Gupta, Advocate, Mr. Rajat Sharma, Advocate, Mr. Dinesh Verma, Advocate, Mr. Subhasish Bhowmick, Advocate, For the Respondent.

Judgement Key Points

The laws applied in this case include:

The Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] — This statute governs the prohibition, regulation, and control of operations relating to narcotic drugs and psychotropic substances, and prescribes the conditions under which offences are committed and punishable.
The provisions related to anticipatory bail under the Criminal Procedure Code — These provisions outline the circumstances and criteria under which an individual may be granted anticipatory bail to prevent arrest in anticipation of an accusation.
Principles of statutory interpretation and judicial discretion — These principles guide the court’s evaluation of the grounds for granting or denying anticipatory bail, especially in cases involving serious offences under the NDPS Act.
General legal principles concerning the burden of proof and the significance of evidence — This includes considerations regarding the absence of recovery and the reliance on disclosure statements, and how such factors influence the court’s decision-making process regarding bail.

Please note that specific case law references are not included as per your instructions.

ORDER

1. Leave granted.

2. Both these appeals arise out of independent orders passed by the High Court of Punjab and Haryana at Chandigarh granting pre-arrest bail to the respondents herein who were implicated for alleged offences under Sections 17, 27A and 85 of the NDPS Act, 1985.

3. Heard learned Additional Advocate General for the State of Haryana and learned counsel appearing on behalf of the respondents.

4. The High Court decided to grant pre-arrest bail to the respondents on the only ground that no recovery was effected from the respondents and that they had been implicated only on the basis of the disclosure statement of the main accused Dinesh Kumar. Therefore, reliance was placed by the High Court in the majority judgment of this Court in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1.

5. But, it is contended by the learned Additional Advocate General appearing on behalf of the State of Haryana that on the basis of the anticipatory bail granted to the respondents, the Special Court was constrained to grant regular bail even to the main accused-Dinesh Kumar and he jumped bail. Fortunately, the main accused-Dinesh Kumar has again been apprehended. According to th

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2022 Supreme(SC) 1562

INDIRA BANERJEE, V. RAMASUBRAMANIANState of Haryana – AppellantVersusSamarth Kumar – Respondent

Cases Referred (1)

INDIRA BANERJEE, V. RAMASUBRAMANIAN
State of Haryana – Appellant
Versus
Samarth Kumar – Respondent