Back
KULDEEP MATHUR
Lovepreet Singh @ Love, S/o. Sh. Tarsem Singh – Appellant
Versus
Narcotics Control Bureau, Zonal Unit, Jodhpur – Respondent
ORDER :
1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.VIII(IO)15/NCB/JZU/2022 registered at Police Station NCB Jodhpur, for offences under Sections 8/21, 23, 28, 29, 30 and 60 of NDPS Act.
2. Learned counsel for the petitioner submitted that as per prosecution, on 07.06.2022, recovery of narcotics (heroin) weighing 3.480 kg and one Redmi mobile phone was effected from co-accused namely Nirmal Singh @ Sonu and Ravindra Singh @ Kaka, who were apprehended in connection with the contraband by the BSF personnel at BOP Khayaliwala 34 Battalion, Raisinghnagar, District Sri Ganganagar. The above named co-accused in their statements informed that the petitioner and another co-accused Jaspreet Singh @ Jass are also involved with them in commission of crime. Upon the statements of co-accused persons, the petitioner was apprehended by BSF team after his crossing the toll plaza 9A, towards Sriganganagar. The petitioner at that time, was in a Creta car bearing registration No.PB19N5550.
3. Learned counsel submitted that nothing has been recovered from the conscious possession of the petitioner and he has been
Point of Law : Court is of the view that if an arrest and detention is not permissible on the basis of a statement of a co-accused, no investigation would be possible leading to a situation of anarch....
The inadmissibility of the disclosure statement and the requirement for corroboration of incriminating material influenced the court's decision to grant bail to the petitioner.
The judgment emphasizes the strict conditions for granting bail under Section 37 of the NDPS Act, requiring credible and plausible grounds to believe that the accused person is not guilty of the alle....
The court reinforced that under the NDPS Act, the burden lies on the accused to demonstrate a lack of guilt for bail eligibility, particularly in serious drug offenses.
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
