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FARJAND ALI
Poonam Chand @ Prakash Chand, S/o. Sh. Bhanwar Lal – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below :
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 77/2022 |
| 2. | Concerned Police Station | Chhatargarh |
| 3. | District | Bikaner |
| 4. | Offences alleged in the FIR | Under Sections 8/15, 25, 29 of the NDPS Act & 3(1) and 25(1-B)(a) of the Arms Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 15.05.2024 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Heard learned counsel for the petitioner and the learned Public Prosecutor as well as gone through the record of the case.
4. Bereft of elaborate details, briefly stated the facts of the case are germane for disposal of the instant bail application would be that the pol
The court established that for charges under the NDPS Act, corroborative evidence is essential to substantiate claims of abetment or conspiracy.
The court established that confessions from co-accused require corroboration to justify detention, emphasizing the importance of evidence in bail considerations under the NDPS Act.
The court ruled that a lack of corroborative evidence linking the accused to the crime necessitates bail, emphasizing the importance of personal liberty and the need for material evidence in criminal....
The court established that the right to personal liberty and a speedy trial can override statutory restrictions on bail under the NDPS Act.
The court established that personal liberty and the right to a speedy trial can override statutory restrictions on bail under the NDPS Act when evidence is insufficient.
The court established that confessions require corroboration to be admissible, and insufficient evidence can warrant bail despite the NDPS Act's stringent provisions.
The court established that for bail under the NDPS Act, there must be corroborative evidence beyond confessions to justify detention.
The court established that for bail under the NDPS Act, there must be corroborative evidence beyond confessions to justify detention.
Bail cannot be denied based solely on confessions without corroborative evidence; the accused's detention must be justified by reliable evidence.
Indefinite detention based on uncorroborated confessions is unjustifiable; the prosecution must provide additional evidence to warrant continued incarceration.
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