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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Rakesh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
This 2nd petition under Section 439 Cr.P.C is for the grant of regular bail in case bearing FIR No.388 dated 18.12.2020 registered under Sections 15(C), 18, 27A, 29 of the NDPS Act and Sections 201 of the IPC at Police Station Uchana, District Jind.2. The brief facts of the case are that secret information was received that Jagrup @ Jagroop son of Amar Singh had taken delivery of a huge quantity of doda post from a truck driver and had got loaded the same in the TATA Magic (Chhota Hathi) bearing No.PB-08-DG-6706. He would be taking the same to the area of Narwana and if a nakabandi was set-up, he could be arrested.
Based on the aforementioned information, Jagrup @ Jagroop Singh (since granted bail vide order dated 25.01.2024 passed in CRM-M-53752-2023) came to be apprehended with 414 kgs. of poppy husk.
3. During the course of investigation on 19.12.2020, Rakesh (petitioner) son of Arjun was arrested with truck bearing No.HR-45C-9998. The said Rakesh suffered a disclosure statement confessing his guilt and the truck was taken into police possession. On 24.12.2020, Amandeep son of Gurvinder Singh was arrested. He disclosed about the involvement of polic
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the significance of the duration of custody and absence of criminal antecedents.
Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.
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....
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