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AMAN CHAUDHARY
Karishma Kumra – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Aman Chaudhary, J.
Present petition has been filed under Section 438 CrPC seeking anticipatory bail to the petitioner in case FIR No.187 dated 06.12.2022, registered under Sections 21 and 22 of the NDPS Act registered at Police Station Sadar Hoshiarpur.
2. As per prosecution version, the police party nabbed a person coming on Activa scooter, on the basis of suspicion. She was apprised of her legal right by police official through L/C Daljit Kaur to be searched as the said police official had apprehension of having some intoxicant in her possession. The accused reposed faith in the said police official. As such, from the search of accused Geeta, 20 grams heroin and 510 intoxicant tablets were recovered. During investigation, it came out that accused Geeta used to take the said intoxicants from Krishma Kumra (petitioner herein).
3. Learned counsel would contend that the petitioner was not named in the FIR and she was nominated on basis of the disclosure statements of co-accused Geeta, who was arrested at the spot, alongwith the alleged contraband. He has vehemently contended that the petitioner has been falsely implicated in the case. He submits that the disclosure statement
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 admissibility of the disclosure statement of a co-accused in NDPS matters and the exceptions contained in Section 37 of the NDPS Act for the grant of 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 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 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....
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....
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