Back
FARJAND ALI
Lakhvindra Singh @ Lakha, S/o. Major Singh – 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 the instant second bail application under Section 439 CrPC 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 | 132/2021 |
| 2. | Concerned Police Station | Chunawadh |
| 3. | District | Ganganagar |
| 4. | Offences alleged in the FIR | Section 8/22 of the NDPS Act |
| 5. | Offences added, if any | Section 8/22 r.w. Section 29 of the NDPS Act |
| 6. | Date of passing of impugned order | 27.06.2024 |
2. In nutshell the facts of the case are that on 13.09.2021, during patrolling, the SHO P.S. Chunwardh, District Sri Ganganagar along with him team reached near the three way. On seeing them, a man and woman sitting on the Activa bearing registration No.RJ13 SQ8208 and a person sitting on Motorcycle bearing registration No.RJ13 SD1748 tried to fled away from the spot but were apprehended, the persons sitting on Activa disclosed their names as Sumit & Simran and the rider of the Motorcycle disclosed his name as Karam Singh. Upon suspicion, a search was made wherein 18 boxes c
The court established that for bail under the NDPS Act, there must be corroborative evidence beyond confessions to justify detention.
The court established that confessions of co-accused require corroboration to justify detention, emphasizing the need for evidence in bail considerations under the NDPS Act.
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 established that for charges under the NDPS Act, corroborative evidence is essential to substantiate claims of abetment or conspiracy.
Confessions of co-accused require corroboration to be admissible; mere allegations without evidence do not justify denial of bail.
Bail cannot be denied based solely on confessions without corroborative evidence; the accused's detention must be justified by reliable evidence.
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 emphasized that mere confessions without corroborative evidence cannot justify detention, highlighting the importance of personal liberty.
The court established that for bail under the NDPS Act, there must be corroborative evidence beyond confessions to justify detention.
The court established that the right to personal liberty and a speedy trial can override statutory restrictions on bail under the NDPS Act.
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
