Supreme Court · 2023 INSC 311 · Decided 28 March 2023

Mohd Muslim @ Hussain v. State (Nct of Delhi

Court
Supreme Court of India
Citation
2023 INSC 311 · [2023] 3 S.C.R. 697
Case number
CRIMINAL APPEAL No. 943/2023
Decided
28 March 2023
Bench
S. RAVINDRA BHAT, DIPANKAR DATTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 436A, 436, 437, 439; NDPS Act Section 37

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 - s.37 - Code of Criminal Procedure, 1973 - s.436A - Appellant accused of committing offences punishable under NDPS Act has been in custody since 2015, if entitled to bail - Held: Recovery of ganja was made from the behest, and on the statement of one of the co-accused - Prosecution relied on that statement, as well as the confessional statement of the appellant - In addition, it also relied on the bank statements of one of the co-accused who allegedly disclosed that money used to be transferred

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