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IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH AT JAMMU
MR. JUSTICE RAJESH SEKHRI, J
Sheikh Murtaza Gulzar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. Petitioner has invoked inherent jurisdiction of this Court in terms of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) read with Section 482 of Code of Criminal Procedure, 1989 (“Cr.P.C.” for short) for quashment of order dated 20.08.2024 passed by learned 3rd Additional Sessions Judge, Jammu, [“the trial court”] vide which, he came to be charged for offences under Sections 8/21/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”]. Alongside, he has preferred an application under Section 483 BNSS read with Section 439 Cr.P.C. for his emancipation. Since both the petitions trace their origin to FIR No. 15 of 2023, thus, being disposed of by virtue of this common judgment.
2. Before a closer look at the grounds urged in the petitions, it shall be expedient to have an overview of the backgrounds facts.
3. As the prosecution story from the impugned order as also the trial court record would unfurl, Incharge Police Station, Anti Narcotic Task Force, (ANTF), Jammu, received a source information on 19.12.2023 at 11:00 hours that two persons, namely, Naresh Kumar and Balwinder Chug, in furtherance of common criminal inten
Confessional statements to police are inadmissible under Section 25 of the Evidence Act, impacting the sufficiency of evidence for drug-related charges.
Confessional statements made under Section 67 of the NDPS Act are inadmissible in trial, and CDR evidence alone does not suffice for conviction without recovery of contraband from the accused.
Point of Law : In the absence of there being any other material available with the prosecution connecting the petitioner with the commission of offence alleged against him, except the statement of th....
The admissibility of evidence, including confessional statements, and the application of Section 37 of the NDPS Act for bail, were central legal points established in the judgment.
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
Co-accused's confessional statement to police inadmissible against petitioner; financial transactions insufficient for prima facie nexus in commercial quantity NDPS case, satisfying Section 37 twin c....
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
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