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AMIT MAHAJAN
Moin Khan – Appellant
Versus
State Of NCT Of Delhi Through ANTF Crime Branch – Respondent
JUDGMENT :
(Amit Mahajan, J.)
1. The present petition is filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), seeking setting aside of the order dated 25.07.2023 (hereafter ‘impugned order’), passed by the learned Special Judge (NDPS), South West District, Dwarka Courts, New Delhi in SC No. 626/2022 arising out of FIR No. 19/2022, registered at Crime Branch.
2. By the impugned order, the learned Trial Court has charged the petitioner for the offence under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
3. The brief facts of the present case are as follows:
3.1. On 24.02.2022, at around 1 PM, accused persons Rihan and Mohd. Gulrej were apprehended in the area of Om Vihar as they were acting suspiciously. On enquiry, they informed that they are residents of Bareilly, Uttar Pradesh and used to procure Heroin from Bareilly. During personal search, 50 g of Heroin was recovered from both the said accused persons respectively.
3.2. On further enquiry, the accused persons allegedly informed that their associate Akil Ahmed was present at their rented accommodation in Uttam Nagar. At their instance, a raid was condu
Charges under the NDPS Act cannot be framed based solely on co-accused statements and CDR evidence without establishing grave suspicion against the accused.
Criminal proceedings require substantial, corroborative evidence, and charge framing must reflect judicial application rather than mechanical adherence to procedural norms under the NDPS Act.
Confessional Statement in front of police officer - Admissibility of - Officers who are invested with powers under S. 53 of NDPS Act are “police officers” within meaning of S. 25 of Evidence Act, as ....
A discharge application must be allowed if the prosecution's evidence, particularly confessions of co-accused, is inadmissible and no other corroborative evidence is present.
Murder - Reliability of witnesses - A verdict on reliability of statements of Petitioners witnesses who have clearly in their statements linked petitioner with commission of alleged crime.
Reliability of statements of PWs - To pronounce a verdict on reliability of statements of PWs, who have clearly in their statements linked petitioner with commission of alleged crime.
wherever a Court comes to conclusion that the process of Court is being abuses, the Court would be justified in refusing to proceed further and refused the party from pursuing the remedy in law.
The admissibility of evidence, including confessional statements, and the application of Section 37 of the NDPS Act for bail, were central legal points established in the judgment.
In narcotic drug cases, subsequent procedural non-compliance and shifting of occurrence location do not preclude ongoing trials; mandatory provisions of NDPS Act must be adhered to but are contextual....
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