Accused Lying Behind Bars Due To Baseless Allegations By Co-Accused, No Iota Of Evidence: Rajasthan HC Releases Man Booked Under NDPS Act
Rajasthan High Court has ruled that simply mentioning in the charge sheet that the offence under Section 29 of the NDPS Act was made out against an individual was not sufficient to keep that person behind bars until any material was attached to the charge sheet to show the involvement or participation of the individual.Section 29 of the NDPS Act lays down punishment for abetting or conspiring...
Rajasthan High Court has ruled that simply mentioning in the charge sheet that the offence under Section 29 of the NDPS Act was made out against an individual was not sufficient to keep that person behind bars until any material was attached to the charge sheet to show the involvement or participation of the individual.
Section 29 of the NDPS Act lays down punishment for abetting or conspiring to commit an offence under the NDPS Act.
The bench of Justice Farjand Ali was hearing a bail application of an accused charged under the NDPS Act solely on the basis of the statement of the co-accused to that effect given to the police.
The Court highlighted the fact there was not even the slightest of evidence against the accused that could be made the basis of trial against him or that could support or verify the saying of the police officer that the applicant either abetted or conspired with the principal accused.
“He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between the petitioner and the co-accused. Neither the present petitioner was present at the spot nor any recovery has been affected from his possession. The petitioner is lying behind the bars on the baseless allegations of his indulging in transportation of illegal contraband.”
The Court perused the provisions of abetment as well as criminal conspiracy and held that there had to be an act of abetment on behalf of the accused or he must have done the illegal act in agreement with the other persons. However, there was no evidence to suggest either meeting or any exchange of phone calls between the applicant and the principal accused to suggest that they were in any manner connected with each other or to say that the applicant assisted or facilitated or cooperated in any manner with the principal accused.
“No meeting, no CDR, no text, no messages, no recording, no piece of paper, no letter, no evidence regarding presence of both, the principal accused and the petitioner at a common place is on record.”
The Court held that in the absence of even a single piece of evidence, the applicant could not be kept behind bars only based on the assertion of the police officer to the effect of him being guilty when, strangely, he had not been named anywhere by the principal accused other than in his statement before the police.
Finally, the Court reiterated the principle that only those components of the information furnished under Section 27 of the Evidence Act were admissible as legal evidence that led to some new discovery distinctly relating to the commission of the crime.
Accordingly, the bail application was allowed.
Title: Mukesh v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 222