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ASHOK KUMAR VERMA
Gurjashanpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Ashok Kumar Verma, J.
Separate custody certificates of the petitioner(s) (in all cases) filed by learned counsel for the State are taken on record.
2. By this common order 07 aforementioned petitions are being disposed of, as all have arisen out of the same FIR.
3. The petitioners have filed the aforesaid petitions under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 31 dated 17.04.2021 registered under Sections 21 , 22 and 29 of the NDPS Act; Sections 392 , 395 and 384 IPC ( Sections 511 , 465, 467, 460 471 and 120B IPC were added later on) and Section 25 of the ARMS ACT at Police Station Sadar Kurali, District SAS Nagar (Mohali). For brevity, the facts are being extracted from CRM-M-25878- 2021.
Brief facts:
4. The above-said FIR was registered on the basis of secret information received by ASI Talwinder Singh against Samuel, Gavy @ Vijay, Jaipal Singh, Karanbir Singh @ Kala, Rohit Kumar, Neeraj Kumar @ Chaska, Deepak Kumar, Karanvir Singh @ Kann, Ravinder, Iqbal Singh @ Rubal, Gurjashasnpreet Singh and Harmanjit Singh, who were declared as proclaimed offenders in several cases of murder, dacoity, extortion and drug smuggling
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
The judgment highlights the importance of evidence and legal procedures in establishing a defendant's involvement in a criminal case, and the consideration of custody period and legal precedents in g....
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The court emphasized the importance of evidence, compliance with legal provisions, and the impact of delay in trial on bail decisions under the NDPS Act.
Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.
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