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FARJAND ALI
Budhram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail application context and factual background (Para 1 , 2) |
| 2. arguments for and against bail application (Para 3 , 4) |
| 3. court observations on evidence admissibility (Para 5 , 10) |
| 4. legal precedents on confession and section 27 (Para 6 , 7 , 8 , 9 , 11) |
| 5. decision to grant bail (Para 12 , 13 , 14) |
ORDER :
Farjand Ali, J.
The instant bail application has been filed by the petitioner Budhram S/o Sadram under Section 439 Cr.P.C against the order impugned dated passed by learned court below in connection with FIR No.318/2021 registered at Police Station Dhorimanna, District Barmer for the offences under Sections 8 /21, 25, 29 and 30 of NDPS Act. The first bail application came to be dismissed by this Court vide order dated 21.12.2022 as not pressed.
2. Briefly stated, the facts of the instant case are that a jeep bearing registration No. RJ 19 UA 3009 was intercepted by the police at the time of 'nakabandi' on MRT road on 27.09.2021 at about 02:45 P.M. Upon suspicion, the police officers searched the vehicle and during search, total 100 grams each of MDMA was found from both the persons which was seized by the police. It is stated in the FIR that one of the persons who
Point of Law : . It is needless to say that any observations, particularly observation with regard to admissibility of confessional statement before trial shall not influence the trial judge so as to....
Confessions of co-accused require corroborative evidence to be admissible; without it, bail may be granted.
Point of Law : Court refrains from passing any comments over the nature of accusation and quality of evidence yet it is of the opinion that the petitioner deserves to be enlarged on bail.
The court established that the absence of direct evidence linking an accused to a crime, along with prolonged incarceration without trial, can justify the granting of bail under Section 439 CrPC, des....
The court established that confessions require corroboration to be admissible for bail considerations, particularly 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 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 of co-accused require corroboration to justify detention, emphasizing the need for evidence in bail considerations under the NDPS Act.
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