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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Sukhwinder Singh @ Sukha – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Vikas Bahl, J.
This is the first petition under Section 483 of the B.N.S.S., 2023 for grant of regular bail to the petitioner in FIR no. 0068 dated 04.06.2022 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as 'NDPS Act') (Section 25 and 29 of the NDPS Act added later) at Police Station Badhni Kalan, District Moga.
2. Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and no recovery has been effected from the petitioner and he is sought to be implicated solely on the basis of disclosure statement made by co-accused Mandeep Singh and Satnam Singh and a perusal of challan shows that no disclosure statement has been recorded and only DDR no.42 dated 04.06.2022 was recorded by the police. It is submitted that even after the arrest of the petitioner, no recovery was effected from the petitioner and there is no incriminating material against the petitioner connecting the petitioner with the crime. It is further submitted that a perusal of challan would show that there are no phone calls between the co-accused from whom the recovery has been effected and the present p
The central legal point established in the judgment is the need to consider the role of the accused and the circumstances of the case while deciding a bail application, and the requirement to protect....
The admissibility of evidence, the duty of the court to consider the accused's role in the case, and the constitutional guarantees were the central legal principles established in the judgment.
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.
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