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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Mukesh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 370 dated 07.09.2021, registered under Section 15(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Rania, District Sirsa.
2. Brief facts of the case relevant for the disposal of the present petition are that on 07.09.2021, co-accused Deepak Kumar @ Deepu and Santosh Singh, while coming in a Bolero vehicle bearing registration number HR-61-3183, were apprehended by a police party headed by ASI Tarsem Singh and recovery of 180 kgs. of Doda Post contained in 09 plastic bags, which were kept in the said vehicle, was effected. Both of them were formally arrested at the spot. During the course of investigation, name of the petitioner surfaced in the disclosure statement suffered by co-accused Santosh Singh with the allegations that he was involved in trading of the contraband and there were several money transactions in his bank account. On the basis of the same, the petitioner was nominated in this case as an accused but he could not be arrested. Ultimately,
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 central legal point established in the judgment is the requirement of evidence linking the accused to the alleged offence, the evidentiary value of disclosure statements, and the applicability of....
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