Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Ankush – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.63 dated 12.04.2023 under Sections 18-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'), Sections 61-1-14 of the Punjab Excise Act, 1914 (Sections 353, 186, 427 and 307 of the IPC added lateron) registered at Police Station City Phagwara, District Kapurthala.2. Status report by way of affidavit of Jaspreet Singhs, PPS, Deputy Superintendent of Police, Sub Division Phagwara, Kapurthala has been filed in the Court today which is taken on record subject to all just exceptions. A copy of the same has been supplied to the counsel opposite.
3. On 30.11.2023, 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 he has been falsely implicated in the instant case for allegedly been found in possession of 73 boxes of illicit liquor. While drawing the attention of this Court to the FIR, which has been annexed
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
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.
Compliance with investigation and cooperation with the investigating agency are crucial factors in granting concession of bail under Section 438 Cr.P.C.
Bail can be granted when investigation is complete and trial is unlikely to conclude in a reasonable time, especially when no contraband was recovered from the petitioner.
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
The main legal point established in this judgment is that anticipatory bail can be granted in cases under the NDPS Act based on the lack of evidence and previous orders granting anticipatory bail in ....
Grant of anticipatory bail under Section 438 (2) Cr.P.C. based on false implication and cooperation with the investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
