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Supreme Court of India 2022-07-11 dismissed

State of West Bengal vs Rakesh Singh @ Rakesh Kumar Singh

Bench: 2 — Dinesh Maheshwari

In Brief

The State of West Bengal appealed against a High Court order granting bail to Rakesh Singh, accused of financing illicit cocaine trafficking and harbouring offenders under the NDPS Act. The Supreme Court dismissed the appeal, finding the prosecution case seriously doubtful. The original FIR stated the vehicle occupants pointed out where contraband was concealed, contradicting the charge-sheet's allegation that Singh caused the cocaine to be planted. No contraband was recovered from Singh, the quantity was intermediate (76 grams), and a single transaction for personal revenge does not constitute 'trafficking' requiring continuity. Singh had no prior NDPS history despite other criminal cases. The Court upheld the High Court's stringent bail conditions as adequate safeguards.

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Bail NDPS Act Criminal Procedure Evidence Drug Trafficking

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