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PRAVEER BHATNAGAR
Prabhulal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
Apprehending their arrest in connection with FIR No. 49/2024 registered at Police Station Aklera, District Jhalawar for the offence(s) under Sections 8, 21, 25 & 29 of the NDPS Act, the petitioners have preferred these anticipatory bail application under Section 438 Cr.P.C.
2. Learned counsel for the accused-petitioners submits that the petitioners have been falsely implicated under Section 8/29 of the NDPS Act. The accused-petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the co-accused Ghanshyam, from whom possession of 100 gms. smack was recovered. Apart from the disclosure statement, there is no substantive piece of evidence available on record against the accused-petitioners. He further submits that no custodial investigation of the accused-petitioners are required. He prays that the anticipatory bail of accused-petitioners may be allowed.
3. Learned Public Prosecutor vehemently opposes the bail applications and submits that recovery of contraband article was effected from co-accused Ghanshyam and his disclosure statement name of the present petitioners was revealed. He further su
Anticipatory bail granted when no substantive evidence exists against petitioners and they cooperated with the investigation.
The court granted anticipatory bail due to lack of substantive evidence against the accused-petitioner and his willingness to cooperate with the investigation.
Anticipatory bail can be granted when substantial evidence is lacking, and the accused is willing to cooperate with the investigation.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the absence of recovered contraband, the petitioner's lack of criminal antecedents, and the previous grant of bail to a co-accused.
The main legal point established is that for grant of anticipatory bail under the NDPS Act, there must be reasonable grounds to believe the accused is not guilty and is not likely to commit an offens....
The absence of independent corroborative evidence beyond a co-accused's confession does not suffice to deny anticipatory bail under the NDPS Act, provided the accused shows reasonable grounds for bel....
Custodial investigation is required in cases pertaining to the NDPS Act for elicitation of truth, especially when the menace of drugs affects the public at large and has adverse social and medical im....
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