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SUBRAMONIUM PRASAD
Mohan Kumar Jha – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J. - These petitions under Section 439 Cr.P.C have been filed for grant of bail to the petitioners in FIR No.70/2021 dated 23.04.2021, registered at Police Station Crime Branch, Delhi for the offences punishable under Sections 420/188/120B/34 IPC and Sections 3/7 of the Essential Commodities Act and Section 3 of the Epidemic Disease Act. All the said petitions have a common prayer, i.e. to enlarge the accused persons on regular bail.
2. The facts, in brief, leading to the filing of the instant petitions are as under:
a) Briefly summarised allegations in the FIR No.70/2021 are that during the second wave of COVID-19 in the month of April 2021, the Duty Officer, PS Crime Branch, Delhi received inputs of the illegal holding and supply of life saving medication to treat COVID-19. On receipt of a secret tip at 02:00 PM, the Assistant Sub-Inspector, PS Crime Branch was informed that Remdesivir injections, a drug which was in high demand and less supply to treat COVID-19, were going to be unauthorizedly handed over by two individuals, namley, Mohan Kumar Jha (petitioner in BAIL APPLN. 1983/2021) and Mohd. Shoiab Khan (petitioner in BAIL APPLN. 3268/2021) near Ba
The object of bail is to secure the presence of the accused at the trial and to ensure that the evidence is not tampered with and the witnesses are not threatened.
The court emphasizes that the severity of an offense does not alone justify denial of bail, balancing it against the evidence and absence of interference risks in a trial.
The endangerment of lives through the sale of spurious medical products during a pandemic is a serious offence and may lead to the rejection of bail applications.
The main legal point established in the judgment is the consideration of the completion of investigation, recovery of evidence, and the likelihood of a lengthy trial in granting bail to the petitione....
The court applied the principles governing quashing of FIRs and held that it would be premature to quash the FIR at this stage, and the cognizance of the offence is yet to be taken by the Trial Court....
Successive bail applications require material change in circumstances; parity bail granted on unchallenged co-accused releases due to trial delay, overriding prior rejections without reviewing merits....
The main legal point established is the stringent requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while o....
The court emphasized strict compliance with Section 37 of the NDPS Act, concluding there were no reasonable grounds for believing the petitioner was not guilty due to his significant role in drug sup....
Confessional statements under NDPS Section 67 inadmissible against non-possessors; no conscious possession recovery justifies bail grant despite commercial quantity, overcoming Section 37 rigours.
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
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