HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJEEV BHARTI
Munna Ansari – Appellant
Versus
U.O.I. Thru. Zonal Director Narcotic Control Bureau Zonal Unit Lko. – Respondent
JUDGMENT :
RAJEEV BHARTI, J.
1. Heard Shri Ayodhya Prasad Mishra, learned counsel for the applicant, learned Additional Government Advocate for the state, and pursued the record.
2. The present bail application has been filed on behalf of the applicant with the prayer to release him on bail during trial in F.I.R./Case Crime No. 1 of 2025, under sections 8/20/29 N.D.P.S. Act, Police Station-N.C.B., District- Lucknow, during pendency of trial.
3. As per the prosecution case, the contraband substance i.e., 11 kg of charas is said to be recovered from the possession of the co-accused.
4. Learned counsel for the applicant submits that the applicant is innocent and that he has been falsely implicated in the present case. The applicant is not named in the FIR nor in the recovery memo and his name has surfaced in the statement of arrested accused recorded under Section 67 of the N.D.P.S. Act.
5. In support of his submissions, learned counsel for the applicant has placed reliance upon the judgement of the Hon'ble Supreme Court in Tofan Singh vs. State of Tamilnadu , (2021) 4 SCC 1 and Sujit Tiwari vs. State of Gujarat and another , (2020) 13 SCC 447.
6. It is further submitted that the applicant
Confessional statements under Section 67 NDPS inadmissible for bail; mere call detail records of contact without recovery or corroboration insufficient to refuse bail under Section 37 twin conditions....
Point of Law : In the absence of there being any other material available with the prosecution connecting the petitioner with the commission of offence alleged against him, except the statement of th....
Statements under Section 67 of the NDPS Act are inadmissible as confessions, and bail cannot be granted without evidence of innocence in cases involving commercial quantities of narcotics.
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
Co-accused's police custody disclosures inadmissible against applicant in NDPS cases; mere call detail records between co-villagers insufficient to deny bail; parity with released co-accused entitles....
A confessional statement made by a co-accused under section 67 of the NDPS Act cannot be the sole basis for denying bail to a person from whose conscious possession there was no recovery.
The judgment emphasizes the principles of innocence until proven guilty, the need for substantive evidence to establish guilt, and the limitations on the admissibility of disclosure statements withou....
The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.
The main legal point established is the inadmissibility of retracted statements under Section 67 of NDPS Act and the need for corroboration of evidence in drug-related cases.
Point of Law : Object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.
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