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VIKAS BAHL
Deepak @ Kaka – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.345 dated 02.05.2022 registered under Section 61 of the Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020) at Police Station City Sirsa.
2. Learned counsel for the petitioner has submitted that in the present case, the alleged recovery has been effected from the co-accused namely Biru @ Sonu. It is further submitted that the liquor which has been recovered is not illicit liquor and even the place from where the recovery has been effected does not belong to the petitioner and the petitioner has been implicated solely on the basis of disclosure statement of Biru @ Sonu from whom, the recovery has been effected.
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-120512020 titled 'Mewa Singh Vs. State of Punjab', and an order of another Coordinate Bench d
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 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 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 need to consider the role of the accused in the case and other circumstances before rejecting bail applications solely based on criminal antece....
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 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 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....
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