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PRAKASH CHANDRA GUPTA
Vijay Kisan Mohite @ Biju Beldar @ Bhau S/O Kisan Mohite Dharan Gaou – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail, in connection with FIR/Crime No.09/2021 dated (not mentioned) registered at Police Station- NCB Regional Unit Indore, District Indore (M.P.) for the offence punishable under Sections 8/20, 25, 27 and 29 of the NDPS Act.
2. Prosecution story, in brief is that on 14.08.2021 at around 08:00 PM, a secret information was received by NCB Unit Indore that co-accused persons Sher Khan @ Sheru Khan and Mahboob Ali are about to transport Cannabis (Ganja) in bulk quantity from Shirpur Maharashtra to Tarana, District Ujjain (M.P.) in a vehicle bearing registration No.RJ17-GA-6181. On 15.08.2021 at around 09:00 – 11:00 AM between Maksi and Tarana, they can be caught. On 15.08.2021, NCB team had stopped the aforementioned vehicle. Truck driver told his name to be Sheru and the helper told his name to be Mahboob Ali. During search of the vehicle, 400 sacks of rice straw were found and under them, in 44 sacks 1376.07 kgs. of Ganja was found. They had no licence to transport the contraband. Contraband and vehicle was seized from the accused persons. Statement of accused persons u/S
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.
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.
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....
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.
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....
Confessional statements made to officers under the NDPS Act are barred by Section 25 of the Evidence Act, rendering them inadmissible for prosecution purposes, thus affecting the grounds for bail.
Bail application—Complicity of petitioner will have to be determined by quality of evidence led during trial.
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....
Confessional statements to officers under the NDPS Act are inadmissible as evidence, and bail must be granted if there is insufficient evidence against the accused.
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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