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VIKAS BAHL
Dilbagh Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral). - Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.46 dated 24.04.2022 registered under Sections 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Jhabal, District Tarn Taran.
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner has not been named in the FIR and the petitioner was not even apprehended on the spot and no recovery has been effected from the present petitioner and even the alleged recovery effected from the co-accused Gurjit Singh @ Kaka Bhalwan was of 45 grams of heroin, which is much lesser than the stipulated commercial quantity as the same starts from 250 grams. It is further contended that the petitioner is an Ex-Servicemen and is not involved in any other case and has only been implicated on the basis of the disclosure statement of the co-accused.
3. Learned counsel for the petitioner has relied upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, an order passed by Coordinate Bench of this Court dated 17.06.2020 in CRM-M-12051- 2020 titled
The inadmissibility of confessional statements made before police officers and the requirement of non obstante clause to convict a person under the NDPS Act without safeguards.
The legal principle established is that implicating a person solely based on a disclosure statement without recovery and in the absence of safeguards infringes constitutional guarantees and may warra....
The absence of recovery from the accused and the quantity of the alleged drug are crucial factors in considering the grant of anticipatory bail under the NDPS Act.
The admissibility and veracity of the disclosure statement, the petitioner's involvement in other cases, and the non-commercial quantity of narcotics were key legal considerations in granting anticip....
The main legal point established in the judgment is the need to consider the role of the accused in the case and other circumstances before rejecting bail applications solely based on criminal antece....
The main legal point established in the judgment is the principle for granting anticipatory bail in cases where a person has only been proceeded against on the basis of a disclosure statement of a co....
The court emphasized that a person's involvement based solely on a co-accused's disclosure statement may not be sufficient to deny anticipatory bail under the NDPS Act.
The absence of recovery from the petitioner and reliance on the disclosure statement of the co-accused can be grounds for granting anticipatory bail.
The main legal point established in the judgment is that in cases where a person is implicated based solely on a disclosure statement without any recovery, and the quantity of narcotics involved is m....
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