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1 - 8 of 8 (0.53 seconds)Section 8 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 12 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 20 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 22 in The Code of Criminal Procedure, 1973 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 67 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Tofan Singh vs The State Of Tamil Nadu on 29 October, 2020
Prosecution contends petitioner is a conspirator in the
transborder dealing of drugs. Apart from statements under
Section 67 of the NDPS Act which is inadmissible in evidence in
view of Tofan Singh vs. State of Tamil Nadu1 no legally
admissible evidence implicating the petitioner in the crime is
placed on record. No doubt a charge of conspiracy may be
proved through conduct of co-conspirators on the basis of
inferential materials. However, to attract complicity on the
strength of conduct of co-conspirators prosecution must satisfy
the Court with regard to prima facie evidence of conspiracy.
Mere criminal antecedent and that too not related to narcotics
may not in our opinion justify such inference. Petitioner is in
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(2021) 4 SCC 1
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custody for more than a year. There is little possibility of trial
concluding in the near future. Two witnesses have been
examined in full and examination of third witness is in
progress. Prosecution proposes to examine eleven witnesses in
all. Apprehension expressed on behalf of the prosecutor with
regard to possibility of abscondence of the petitioner who is the
resident of a different State may be addressed by subjecting him
to strict conditions. Accordingly, we are inclined to grant bail
to the petitioner.
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