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LISA GILL, RITU TAGORE
Dharminder Singh @ Dhanna – Appellant
Versus
National Investigation Agency – Respondent
| Table of Content |
|---|
| 1. allegations and facts regarding narcotics case. (Para 1 , 2 , 3 , 4) |
| 2. arguments against bail due to complicity. (Para 5 , 6 , 7 , 8) |
| 3. court's analysis on evidentiary concerns. (Para 10 , 11 , 12 , 13 , 14) |
| 4. legal interpretation of bail conditions under ndps. (Para 15 , 16 , 17 , 18) |
| 5. final dismissal of the appeal. (Para 20) |
JUDGMENT
Mrs. Lisa Gill, J
Appellant is aggrieved of rejection of his petition for bail pending trial in FIR No.RC-03/2020/NIA/DLI dated 22.01.2020 under Sections 13 /17 of UA(P) Act, and Sections 21 /29 of NDPS Act, Police Station NIA, New Delhi and FIR No.75 dated 31.05.2019 under Sections 21 /25/27A/29 of NDPS Act, Police Station Tarsika, Amritsar.
2. Brief facts necessary for adjudication of this matter are that, FIR No.75 dated 31.05.2019 under Sections 21 /25/27A/29 of NDPS Act was registered at Police Station Tarsika, Amritsar with three persons as accused, namely, Jajbir Singh Samra, Harpreet Singh @ Happy and Varinder Singh Chahal. Said FIR was registered with the allegations that police party headed by ASI Manjit Singh of Police Station Tarsika laid a Naka on the basis of secret information. A Hyundai Verna car bearing registration
The need for substantial probable causes for believing that the accused is not guilty of the alleged offence and the deleterious impact of narcotic drugs on society.
The judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
Points of law : Grant or rejection of bail under the NDPS Act is governed by Section 37 of the Act. Under Section 37 of the Act, the court before granting bail has to be satisfied that there are reas....
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....
The court's decision emphasized the serious nature of the offenses, the organized network involved, and the prima facie evidence supporting the role of each accused.
The court established that for bail under the NDPS Act, there must be corroborative evidence beyond confessions to justify detention.
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