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MANJARI NEHRU KAUL
Sushil Kumar @ Suraj – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral)
The petitioner is seeking the concession of bail under Section 439 of the Cr.P.C. in case FIR No.58 dated 18.03.2024 under Sections 18, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') registered at Police Station Division No.8, Police Commissionerate Jalandhar.
2. Learned counsel for the petitioner submits that no recovery of any contraband was effected from the petitioner in the FIR in question and his name has surfaced in a disclosure statement allegedly suffered by co-accused Gagandeep Singh, who has been already extended the concession of bail by the learned Trial Court vide order dated 24.04.2024 (Anneuxre P-3). It has been asserted by the learned counsel that even when the petitioner was arrested pursuant to the aforesaid alleged disclosure statement on 21.03.2024, no recovery of any contraband much less opium was effected from him which lends credence to his false implication in the present case. Learned counsel has argued that the evidentiary value of the disclosure statement on the basis of which he has been challenged does not carry much weight. Learned counsel has, thus, argued that in the af
Bail can be granted when investigation is complete and trial is unlikely to conclude in a reasonable time, especially when no contraband was recovered from the petitioner.
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
Bail may be granted if the prosecution fails to establish prima facie evidence linking the accused to the offense, particularly when no recovery is substantiated.
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 central legal point established in the judgment is the requirement of evidence linking the accused to the alleged offence, the evidentiary value of disclosure statements, and the applicability of....
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