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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manjari Nehru Kaul
Makul @ Mohamad Makul – Appellant
Versus
State of Haryana – Respondent
Mrs. Manjari Nehru Kaul, J. (ORAL)
The petitioner is seeking the concession of anticipatory bail, under Section 482 of BNSS , 2023, in case FIR No.402, dated 16.11.2024, under Sections 21 (c) and 29 of NDPS Act, registered at Police Station Ferozepur Jhirka, District Nuh.
2. On the last date of hearing i.e. 07.03.2025, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:-
“Learned counsel for the petitioner, inter alia, contends that the false implication of the petitioner in the FIR in question is evident from the fact that firstly he has no previous criminal antecedents much less ever having been involved in a case under the NDPS Act; no secret information was received qua the involvement of the petitioner in drug trafficking even though a specific secret information had been received qua prime accused Mustaq Ahmed from whom a recovery of 1499 bottles of codeine cough syrup were allegedly made; on being arrested, prime accused Mustaq Ahmed allegedly suffered a disclosure statement nominating one Javed Khan as the purported supplier of
The right against self-incrimination protects an accused from being compelled to disclose self-incriminating information, affirming that cooperation with an investigation does not necessitate such di....
Anticipatory bail cannot be denied on grounds of non-cooperation in investigation if it equates to self-incrimination, which is protected under Article 20(3) of the Constitution.
The admissibility of the disclosure statement of a co-accused in NDPS matters and the exceptions contained in Section 37 of the NDPS Act for the grant of bail.
Anticipatory bail under Section 438 Cr.P.C. should be granted sparingly, especially in serious cases involving potential conspiracy and where custodial interrogation is necessary for investigation.
The court's decision to grant anticipatory bail was influenced by the petitioner's cooperation with the police and the absence of custodial interrogation requirement.
The main legal point established in the judgment is the admissibility and veracity of the disclosure statement as evidence, and the requirement for the petitioner to join the investigation as and whe....
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