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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKRAMJIT SINGH – Appellant
Versus
NARCOTICS CONTROL BUREAU – Respondent
| Table of Content |
|---|
| 1. bail application under ndps act. (Para 1 , 2) |
| 2. defense arguments on lack of evidence. (Para 3 , 4 , 6 , 7 , 8) |
| 3. prosecution evidence supporting case. (Para 9 , 10 , 11 , 12) |
| 4. legal standards on statement admissibility. (Para 14 , 15 , 16 , 17) |
| 5. clarification on admissibility of disclosures. (Para 20 , 21 , 22) |
| 6. court's skepticism on investigative agency actions. (Para 23 , 24 , 25 , 26) |
| 7. investigative agency's burden of proof explained. (Para 27 , 28 , 29 , 30) |
| 8. decision to grant bail and conditions outlined. (Para 31 , 32 , 33 , 34) |
| 9. final order on bail application. (Para 35 , 36 , 37) |
JUDGMENT :
JASMEET SINGH, J.
1. This is a petition seeking bail in NCB Case No. VIII/01/DZU/2024 registered under Sections 8, 9A, 22(c), 23(c), 25, 27A, 28, 29 and 30 of Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) PS NCB-DZU.
2. The allegations against the petitioner are that 12.16 Kgs of Methamphetamine was recovered from the house of one Mr. Gaurav Singh Chouhan on 22.01.2024 in a blue/firozi bag which has been transported by the petitioner to Delhi on 20.01.2024 and delivered to Mr. Gaurav Singh Chouhan by one Mr. Gurcharan Singh @ Sweety and Gurpreet
Confessions of co-accused are inadmissible without corroboration, and circumstantial evidence alone does not establish guilt in narcotics cases.
The judgment emphasizes the principles of innocence until proven guilty, the need for substantive evidence to establish guilt, and the limitations on the admissibility of disclosure statements withou....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
The central legal point established in the judgment is the need for prima facie satisfaction of the Court in support of the charge, the inadmissibility of a confession made by a co-accused, and the l....
Bail – Petitioner cannot be detained in custody based on a statement made by co-accused or confession made by him, as they are not legally admissible.
Co-accused statements inadmissible in NDPS bail; call records, financial transactions and mobile photos insufficient alone to establish prima facie case or satisfy Section 37 rigours absent direct re....
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