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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Rohit Hans – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 178 dated 17.08.2024, under Sections 21(b), 61-85 of NDPS Act (Section 29 NDPS Act added later on), registered at Police Station Dasuya, District Hoshiarpur.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:
"Chief Officer, Police Station Dasuya, Jai Hind. Today, I ASI alongwith SI/LR Navjot Singh no. 1971/HSP(Civil Duress), HC Rohit Minhas No. 1280/HSP (Civil Dress), HC Mantej Singh. 439/HSP (Civil Dress), HC Sandeep Minhas No. 1092/HSP (Civil Dress), That on private vehicle for investigation regarding FIR no. 244 dated 29/07/2024 U/s 21-B/29-61-85 NDPS Act police station City Hoshiarpur were present village kotli khurd at police station Dasuya Distt. Hoshiarpur where Arun kumar @ Laddu S/o Bhola resident of ward No. I street no. 10 police station mukhyabaad who was named in the aforementioned FIR was arrested who at the time of interrogation in the aforementioned FIR has revealed that "I am in the business of supplying drugs. A few days ago, I had brought 300 gms of h
The legal principle established is that implicating a person solely based on a disclosure statement without recovery and in the absence of safeguards infringes constitutional guarantees and may warra....
The admissibility and veracity of the disclosure statement, the petitioner's involvement in other cases, and the non-commercial quantity of narcotics were key legal considerations in granting anticip....
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.
The main legal point established in the judgment is the need to consider the role of the accused in the case and other circumstances before rejecting bail applications solely based on criminal antece....
The absence of recovery from the accused and the quantity of the alleged drug are crucial factors in considering the grant of anticipatory bail under the NDPS Act.
The main legal point established in the judgment is that in cases where a person is implicated based solely on a disclosure statement without any recovery, and the quantity of narcotics involved is m....
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.
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