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VIKAS BAHL
Pargat Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.72 dated 12.06.2022 registered under Sections 15 and 29 (added later on) of the NDPS Act, 1985 at Police Station Lohian, District Jalandhar.
2. Learned counsel for the petitioner has submitted that the petitioner was not named in the FIR and the recovery has been effected from co-accused, namely, Rajinder Singh alias Vicky and Sahil Kumar and the petitioner was implicated on the basis of the disclosure statement of the said co-accused. Petitioner is not the registered owner of the truck from which the alleged recovery has been effected. Reliance is placed on the judgment of Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, to contend that the statement of the coaccused before the Police implicating the accused is not admissible in evidence and thus, concession of anticipatory bail should be granted.
3. Learned State counsel on the other hand, has submitted the status report and has opposed the present petition for grant of anticipatory bail. It is submitted that as per the case of the prosecutio
The main legal point established in the judgment is the application of legal principles regarding the admissibility of disclosure statements and the circumstances disentitling the petitioner for gran....
The alleged recovered quantity of contraband being commercial influenced the court's decision to dismiss the petition for anticipatory bail.
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 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 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 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 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 petitioner and reliance on the disclosure statement of the co-accused can be grounds for granting anticipatory bail.
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.
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