Back
VIJAY BISHNOI
Ranjhe Khan @ Ranju Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No.57/2020 of Police Station Muklawa, District Sri Ganganagar for the offences punishable under Sections 8/22 and 29 NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that as per the prosecution story, huge quantity of tablets containing narcotic substance above commercial quantity have been recovered at the instance of two co-accused persons viz. Firoz Khan and Aslam on 10.05.2020. It is also submitted that during the course of investigation, the above named two co-accused persons while in police custody have informed that they procured the said narcotic substance from the petitioner. It is further submitted that on the basis of the said information, the police have filed charge-sheet against the petitioner, though, it is well settled that any information supplied by the accused persons while in police custody is not admissible in evidence.
4. Learned counsel for the petitioner has submitted that the statements of
Confessional statements recorded under Section 67 of the NDPS act are not admissible in evidence, and the lack of recovery of narcotic substance at the accused's instance can be considered in bail ap....
A person accused under the NDPS Act may be granted bail if there is no recovery of narcotic contraband from them and if they can demonstrate a lack of knowledge regarding the nature of the goods bein....
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The decision emphasized that the question of sample collection should be addressed by the trial court after considering the evidence, and this was the basis for rejecting the bail application.
Granting bail based on the totality of the facts and circumstances of the case.
The court considered the narcotic contraband quantity and the totality of the facts and circumstances of the case in granting bail under Section 439 Cr.P.C.
The recovery of contraband from the possession of the accused, reliability of secret information, and the limitations prescribed under Section 37 of the NDPS Act are crucial factors in deciding bail ....
Where judicial discretion to admit the petitioner on bail, is required to be exercised in his favour.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
