Dear friends,
In a case on hand, for the offence u/s 8(c) r/w 22 of the NDPS Act, basing upon the mere confession of A-1 who was while his house was raided by the excise officials caught in possession of two Kgs. of contraband, alleged to have stated that he purchased the five Kgs. of the contraband from A-2 and having sold three Kgs. out of it he possessed the remaining quantity. Subsequent to the alleged confession of A-1, the investigation has not collected any evidence worth the name to show the connection of A-2 to the contraband. They just collected the particulars of A-2 from the voters list and showing him as absconding A-2 filed charge sheet. The trial court mechanically taken cognizance of the case and issued NBW against A-2. Now the case is pending for trial. A-2 is ready to face the trial and prove his innocence but Unfortunately, the trial court has a set procedure for itself that in all cases of NDPS accused are remanded to jail and made to remain atleast for a month irrespective of the merits of the case. The court is of the opinion that the investigation agency wantonly leaves too many lacunas in the case to help the accused and thereby almost all the cases end in acquittal of the accuysed so it is just to keep them in jail atleast before the trial.
In the circumstances what will be the prospects of going to High Court for quash of the charge sheet and the further proceedings before the trial court or will it be better to seek anticipatory bail then appear before the trial court and prove the innocence of A-2.
