Gopal Gupta v. State
Case brief
What is this about?
The High Court of Delhi, in a bail application under Section 439 Cr.P.C. and Section 36A(3) NDPS Act, directed the Trial Court to examine an FSL officer regarding discrepancies in the Seizure Memo and FSL Report. The applicant was granted leave to withdraw the application with liberty to file afresh later.
What did the court decide?
Leave to withdraw the bail application with liberty to move afresh after the FSL officer is examined by the Trial Court.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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- IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 896/2024 GOPAL GUPTA ..... Applicant Through: Mr.Aditya Aggarwal, Mr.Naveen Panwar, Ms.Kajol Garg, Ms.Shivani Sharma, Advs. versus
STATE ..... Respondent Through: Mr.Sanjeev Bhandari, ASC (Crl.), Mr.Kunal Mittal, Ms.Charu Sharma, Mr.Arjit Sharma & Mr.Vaibhav Vats, Advs. with SI Naresh Kumar
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R
% 10.05.2024
- This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) read with Section 36A(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’), praying for the applicant to be released on Bail in FIR No.0118/2023 registered at Police Station: Crime Branch, Delhi under Sections 21/61/85 of the NDPS Act.
- The learned counsel for the applicant submits that there is a discrepancy in the Seizure Memo and the FSL Report regarding the colour of the alleged contraband that has been recovered from the applicant. He submits that this itself casts a doubt on the case of the prosecution. He submits that he would be satisfied if the learned Trial
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Issues for consideration
2 issues framed by the court
Whether the trial court should examine the FSL officer to resolve discrepancies between the Seizure Memo and FSL Report.
Whether the bail application can be withdrawn in light of the FSL officer's examination.
Parties & counsel
- applicant
Gopal Gupta
- respondent
State
Coram
Navin Chawla
Case details
As recorded by the court registry
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