Brief Facts
- The Petitioner was arrested in connection with FIR for offences punishable under Section 8/15 of the NDPS Act, 1985.
- The case was lodged after a seizure of 342 kilograms of poppy straw from a bus during a blockade on Suratgarh–Hanumangarh road on 16.02.2023. The contraband was recovered from the luggage compartment of the bus driven by co-accused Sanjeev @ Sanjay Kumar, who named the petitioner as an accomplice and stated they jointly brought the contraband.
- The Petitioner was not apprehended at the spot, but was arrested three days later, based solely on the co-accused’s statement.
Issues
- Whether an accused who is not found at the place of recovery, is arrested later solely based on the statement of a co-accused, and is not involved in any other NDPS case, is entitled to be released on bail despite the recovery being of commercial quantity?
Held
- Bail Application was allowed. The findings of the Court are as under:
- The fact that petitioner was neither found on the spot nor in possession of the contraband at the time of recovery; that he has been arrested after three days of recovery; that only on the basis of information of co-accused, he has been arraigned as an accused; that such information of the co-accused recorded by a police officer, prima-facie not to be treated relevant for proceeding against any other accused; that the bail rejection order goes to show that he is not involved in any other case under the N.D.P.S. Act; that trial is likely to consume considerable time and no useful purpose would be served by keeping him in detention for an indefinite period.
Relevant Para No.
- 7