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NIRAL R. MEHTA
Jeel Diptesh Parate – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. By way of this Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the applicant – original accused No.4 has approached this Court seeking, inter alia, regular bail in connection with an F.I.R. being I-C.R. No.11192011210459 of 2021 registered on 16th November 2021 with Bopal Police Station, District : Ahmedabad Rural for the offence punishable under Sections 8(c), 20(b), 22(c), 23(c), 24 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, “the N.D.P.S. Act”).
2. The case of the prosecution in brief can be stated as under :
The court emphasized the distinct role of the present applicant compared to the co-accused and the prima-facie evidence of the applicant's involvement in the offence, highlighting the applicability o....
In narcotic offences, bail is only granted when it is proven that the accused is not involved with the contraband, with a stringent evaluation of public safety interests.
The court ruled that reliance on inadmissible co-accused statements cannot sustain a conviction, leading to the grant of bail under the NDPS Act.
Statements of co-accused are inadmissible without corroboration, and mere association does not establish a prima facie case for bail denial under the NDPS Act.
The court ruled that statements of co-accused are inadmissible without corroboration, impacting the prosecution's case for bail under the NDPS Act.
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