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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, Aniruddha Bose

In Brief

The State of West Bengal appealed against a High Court order granting bail to Rakesh Singh, accused of financing illicit drug trafficking and harbouring offenders under the Narcotic Drugs and Psychotropic Substances Act. The Supreme Court dismissed the appeal, upholding the bail grant. The Court found that the prosecution's case contained material contradictions: the initial police complaint stated that the three vehicle occupants pointed out where contraband was hidden, but later witness statements claimed a co-accused secretly planted it. This fundamental inconsistency created reasonable doubt about the respondent's involvement. The Court noted no contraband was recovered from the respondent's possession, he had no prior NDPS contraventions, and the intermediate quantity involved did not trigger strict bail restrictions. Stringent conditions imposed by the High Court adequately addressed flight and witness-tampering risks.

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Criminal Law Drug Trafficking Bail NDPS Act Evidence

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