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VIKAS BAHL
Naresh Kumar Jain – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is the second petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in complaint No.03/2021 dated 02.07.2021, (Annexure P-1) under Sections 8, 21, 22, 27-A, 28 and 29 of the NDPS Act, 1985, registered at Police Station Central Bureau of Narcotics Janak Puri, New Delhi.
2. Brief facts of the present case are that a specific information was received on 29.06.2021 by Parveen Dhull, Inspector working in the office of Superintendent Preventive and Intelligence Cell, Central Bureau of Narcotics, New Delhi to the effect that one person namely Sachin was indulging in an illegal business of narcotic and psychotropic medicines and that he had kept the said medicines without bills for doing illegal business in his house and accordingly, a raid was conducted and huge quantity of the said medicines was recovered from the house of Sachin. The details of the said medicines recovered, has been given in paragraph 3 of the complaint dated 02.07.2021 (Annexure P-1). Sachin was arrested and his statement under Section 67 of the NDPS Act was recorded and in his statement, he has stated that the medicines were supplied to him by Ankur Garg, the
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the prolonged custody of the petitioner, despite the serious nature of the charges.
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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 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 central legal point established in the judgment is the significance of considering the merits of the case and the period of custody in granting bail in cases involving commercial quantity of cont....
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
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