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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Dharam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. Prayer in this petition, filed under Section 438 Cr.P.C., is for grant of anticipatory bail to the petitioner in FIR No. 26 dated 23.03.2024, registered under Sections 15 and 29 of the NDPS Act, 1985 at Police Station Bhadaur, District Bamala.
2. Brief facts of the case relevant for the disposal of the present petition are that on 23.03.2021, a secret information was received by Inspector Tek Chand to the effect that the petitioner, whose house is in village Chhanna, his nephew Arshdeep Singh @ Arshu, his friend Harpreet Singh @ Haria and Harmandar Singh @ Fiddu keep poppy husk scrap and sell poppy husk scrap in his house. Believing the information to be true, a raid was conducted at the house of the petitioner at about 10:35 AM and co-accused Arshdeep Singh, Harpreet Singh and Harmandar Singh were apprehended at the spot. However, an old man i.e. the petitioner succeeded in escaping. During checking of the house, two bags containing poppy husk were recovered. On weighing the same, each of them was found to be containing 20 Kgs. of poppy husk. The was taken into possession while following the proper procedure. The aforesaid co-accused were formal
The court's decision was influenced by the non-commercial quantity of the recovered substance and the absence of recovery from the petitioner's conscious possession in granting anticipatory bail unde....
The main legal point established in the judgment is the application of legal principles regarding the admissibility of disclosure statements and the circumstances disentitling the petitioner for gran....
The necessity of custodial interrogation for joining the links and uncovering the modus operandi in cases involving the recovery of substantial quantities of narcotic substances.
The court emphasized the balance between personal liberty and the right of the investigating agency to conduct a thorough investigation, considering the nature, gravity, and seriousness of the offens....
Custodial investigation is required in cases pertaining to the NDPS Act for elicitation of truth, especially when the menace of drugs affects the public at large and has adverse social and medical im....
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