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N. S. SHEKHAWAT
Pardeep Kumar @ Prince Bahman – Appellant
Versus
Union of India – Respondent
JUDGMENT
N.S.Shekhawat, J.
CRM-47497-2023
The applicant-petitioner has filed the present application under Section 482 Cr.P.C. for placing on record additional documents as Annexures P-8 and P-9.
2. Application is allowed. Annexures P-8 and P-9 are taken on record.
CRM-M-46226-2023
3. The petitioner has filed the instant petition under Section 438 Cr.P.c. with a prayer to grant anticipatory bail to him in Complaint No.855 titled as "Intelligence Officer, Directorate of Revenue Intelligence, Amritsar v. Jatinder Singh @ Laddu and another", dated 12.12.2022, under Sections 8, 21(c), 27, 28, 29, 60 and 61 of NDPS Act, 1985, registered at DRI Amritsar.
4. As per the complaint, a specific intelligence was received by the officials of Directorate of Revenue Intelligence (hereinafter referred to as 'the DRI') at 7.30 am on 12.12.2022 and the same was immediately reduced into writing and was sent to the higher officers. Subsequently, a team of DRI along with panchas witnesses kept surveillance near Hotel Four Seasons, East Mohan Nagar, Amritsar. At about 3.30 p.m. two suspected persons resembling to the intelligence came near the said Hotel. Both of them were intercepted and they tried to esc
The court ruled that anticipatory bail cannot be granted under the NDPS Act when the accused is implicated through co-accused confessions and has a history of drug offenses.
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 emphasized that under Section 37 of the NDPS Act, the burden lies on the accused to prove non-involvement in drug-related offenses, particularly when the quantity is commercial.
A habitual offender under the NDPS Act is not entitled to anticipatory bail based on weak evidence from co-accused.
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....
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