IN THE HIGH COURT OF PUNJAB AND HARYANA
ANOOP CHITKARA, J.
Suraj Singh @ Noni - Appellant
Versus
State of Punjab - Respondent
CRM-M No. 42577 of 2024
Decided On : 25-09-2024
JUDGMENT :
Mr. Anoop Chitkara, J.:-
| FIR No. | Dated | Police Station | Sections |
| 139 | 11.07.2024 | Islamabad, Distt. Amritsar | 111, 310(4), 310(5) of BNS and Sections 25, 27 Arms Act, 1959 (Act No. 54 of 59) |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 12 of the bail petition, the accused has the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1. | 45 | 15.05.2016 | 394, 379-B(2)/411 IPC | Islamabad, Amritsar |
| 2. | 102 | 26.04.2024 | 323, 324, 326, 427, 148, 149 IPC | Gate Hakima, Amritsar |
3. The petitioner’s counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
4. The State’s counsel opposes bail and refers to the reply.
5. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
5. That it is submitted that in pursuance to the aforementioned information, Sub Inspector Jasbir Singh along with other police officials conducted raid at room No. 208 of Hotel Roopa International. The following accused persons were apprehended from that place and following recoveries were made from their conscious possessions and videography at the place of occurrence was made as per provisions of Section 176 BNSS:
| Sr. No. | Name of accused | Recovery effected |
| 1 | Sukhdeep Singh xxx | One country made pistol .32 and 05 live cartridges of .32 bore |
| 2 | Karan Singh @ Tinda xxx | One country made pistol .12 bore and 2 live cartridges of .12 bore |
| 3 | Abhay Sharma @ Aarav xxx | Mobile Phone |
| 4 | Raghav S/o Ramesh Kumar xxx | Mobile Phone |
| 5 | Ramesh @ Arun xxx | Mobile Phone |
Anticipatory bail granted due to lack of prima facie admissible evidence justifying custodial interrogation under organized crime allegations.
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
Bail – Petitioner cannot be detained in custody based on a statement made by co-accused or confession made by him, as they are not legally admissible.
Anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in serious drug-related offences, where custodial interrogation is necessary for a proper investigation.
Co-accused's confessional statement to police inadmissible against petitioner; financial transactions insufficient for prima facie nexus in commercial quantity NDPS case, satisfying Section 37 twin c....
The central legal point established in the judgment is the need for prima facie satisfaction of the Court in support of the charge, the inadmissibility of a confession made by a co-accused, and the l....
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....
Anticipatory bail under Section 438 of Cr.P.C. should be granted sparingly, especially in serious narcotics cases where the applicant's release may impede ongoing investigations.
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