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Supreme Court of India 2021-05-25 dismissed

Kulwant Singh vs State of Haryana

Bench: 1 — H. S. Madaan

In Brief

Kulwant Singh sought pre-arrest bail in a drug trafficking case where a co-accused had named him as the supplier of 6.10 grams of heroin. The Supreme Court held that pre-arrest bail is an extraordinary remedy granted only in exceptional circumstances, not to shield criminals from lawful arrest and interrogation. Where custodial interrogation is necessary to investigate drug networks and where regular bail is restricted under Section 27-A of the NDPS Act, pre-arrest bail cannot be granted. The court confirmed that incriminating statements by a co-accused are admissible under Indian Evidence Act Section 30 to guide investigation. The petition was dismissed.

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Narcotic Drugs and Psychotropic Substances Act Pre-arrest Bail Drug Trafficking Criminal Procedure Custodial Interrogation Evidence — Confessions of Co-accused

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