Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Kulwant Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application claiming innocence, parity with co-accused (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. recovery of 90kg poppy straw during vehicle patrol (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. implication via co-accused custodial disclosure statement (Para 15 , 16) |
| 4. custody includes pre-arrest police surveillance (Para 17 , 18) |
| 5. co-accused statements inadmissible under section 162 crpc (Para 19 , 20) |
| 6. cdr evidentiary value determined at trial (Para 21 , 22 , 23) |
| 7. bail granted despite co-accused conviction (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
JUDGMENT :
Virender Singh, J.
Applicant-Kulwant Singh, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.104 of 2020, dated 07.11.2020, registered under Sections 15 and 25 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Banjar, District Kullu, H.P.
2. According the applicant, he is innocent and has falsely been implicated, in the present case. The applicant has been arrested, in th
Bail granted in NDPS commercial quantity case where applicant linked solely by co-accused's inadmissible disclosure statement under CrPC s.162 and Evidence Act s.25; CDRs' evidentiary value deferred ....
The court ruled that statements made under police influence are inadmissible against co-accused in NDPS cases, allowing bail due to lack of prima facie evidence.
The court ruled that involvement of an accused must be substantiated by adequate evidence, and statements by co-accused cannot solely establish guilt under the NDPS Act.
The court emphasized that mere allegations and statements from co-accused do not suffice for denying bail; there must be substantial evidence establishing a prima facie case.
Bail granted in commercial quantity NDPS case where evidence solely from inadmissible co-accused police confessions and CDRs (trial-stage evaluation), no financial links, investigation complete, pari....
Bail granted in NDPS commercial quantity case where proprietor absent from raid site, linked only by inadmissible co-accused custody statement and expired rent agreement, satisfying Section 37 condit....
Bail granted in NDPS commercial quantity case as co-accused police custody statements inadmissible for conviction, CDRs' value for trial; Section 37 twin conditions satisfied via parity, lack of fina....
NDPS Section 37 mandates twin conditions for bail in commercial quantity cases: reasonable grounds believing not guilty and unlikely to reoffend. Spot recovery memos signed by accused satisfy grounds....
Commercial quantity NDPS bail mandates Section 37 twin conditions: reasonable grounds believing non-guilt and no reoffence likelihood on bail; procedural lapses insufficient for release.
Co-accused's police custody disclosures inadmissible against applicant in NDPS cases; mere call detail records between co-villagers insufficient to deny bail; parity with released co-accused entitles....
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
