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RAJESH SEKHRI
Shamas Ud Din Ganie – Appellant
Versus
Station House Officer, Police Station, Samba – Respondent
JUDGEMENT
1. Petitioner has invoked inherent jurisdiction of this Court, under Section 482 of Code of Criminal Procedure, 1989 ("CrPC" for short) for quashment of order dated 31.10.2023 passed by learned Additional Sessions Judge, Samba ["trial court", for short], vide which, he came to be charged for offences under Sections 08/15/25/29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"]. Alongside, petitioner has also moved an application, in terms of Section 439 CrPC, for his enlargement on bail. Since both the petitions trace their origin to FIR No. 242/2022, thus they are being disposed of by virtue of this common judgment.
2. The case set out by the prosecution, in the trial court, is that on 30.09.2022, Police Station, Samba received a docket from PSI Manish Sharma, Incharge Police Post SIDCO, stating inter alia that while he along with his team of Police Officials was on Nakka duty at around 1200 hours, a Truck bearing Registration No. JK03D-4411, on its way from Kashmir to Punjab, made an attempt to give a slip to the Nakka, however, it was chased and intercepted. The truck was being driven by accused-Mohd. Yousuf Khan. On being checked, the aforesaid Tru
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.
Confessional statements to police are inadmissible under Section 25 of the Evidence Act, impacting the sufficiency of evidence for drug-related charges.
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.
The court ruled that reliance on inadmissible co-accused statements cannot sustain a conviction, leading to the grant of bail under the NDPS Act.
The court ruled that statements of co-accused are inadmissible without corroboration, impacting the prosecution's case for bail under the NDPS Act.
Statements of co-accused are inadmissible without corroboration, and mere association does not establish a prima facie case for bail denial under the NDPS Act.
(1) Standard prescribed for grant of bail is ‘reasonable ground to believe’ that person is not guilty of offence.(2) Given seriousness of offences punishable under NDPS Act and in order to curb menac....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
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