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JASJIT SINGH BEDI
Surender @ Sarpanch – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.161 dated 03.05.2022 under Sections 20(C), 27-A, 29, 68-F of the NDPS Act, 1985 registered at Police Station Ferozepur Jhirka, District Nuh.
2. The brief facts of the case are that secret information was received to the effect Ansar and Mormal (since granted bail vide order dated 11.01.2024 passed in CRM-M-22038-2023) were in the business of supplying Ganja and would be travelling in a vehicle bearing registration number HR-74A-8269 make Canter from Ferozepur Jhirka towards Sohna and if a barricade was set up they could be apprehended.
Based on the aforementioned information a barricade was set up and the vehicle was intercepted. The driver of the vehicle disclosed his name as Ansar and the cleaner as Mormal. 200Kgs of black ash was found loaded in the said truck. However, on investigation the arrested accused disclosed that the contraband had been dropped in a dry dug well in village Sakras. The truck driver and cleaner were taken to the dug well and 10 bags of cannabis were recovered totalling 313 Kgs 100 grams Cannabis (Ganja). Ansar and Mormal
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.
Bail can be granted when an accused is named in a co-accused's disclosure statement without recovery, especially if they are a first-time offender and the trial is delayed.
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 habitual offender under the NDPS Act is not entitled to anticipatory bail based on weak evidence from co-accused.
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