JASJIT SINGH BEDI
Pankaj – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. - The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.280 dated 08.11.2020 under Sections 22, 25, 27-A and 29 of NDPS Act registered at Police Station City Sunam, District Sangrur.
2. The brief facts of the case are that when the police party was present at ITI Chowk, Sunam at about 10.05 pm a secret informer informed ASI Kashmir Singh that the petitioner-accused-Pankaj was habitual of selling intoxicating tablets and on that day also he had kept the tablets in his white colour Activa Scooter bearing number PB-07-BJ-4106 and was going to sell the same to his customers on the side of drain bridge situated at Bathinda road, Sunam and if a check post was set up he could be apprehended along with the intoxicating tablets and scooter. Since the information was said to be reliable, therefore, at 11.00 pm a ruqa was sent to the police station concerned i.e. P.S. City Sunam for registering the FIR against the petitioner. On the basis of ruqa the present FIR No. 280 dated 08.11.2020 under Sections 22, 25, 27-A and 29 of NDPS Act came to be registered against the accused petitioner at P.S. City, Sunam, Sangrur.
3. Du
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Non-compliance of mandatory provisions like Sections 42 and 50 of the N.D.P.S. Act can be considered as a ground for bail if clear from the F.I.R. and not explained by the prosecution.
Prima facie non-compliance of the second proviso to Section 42(1) of the NDPS Act and the period of incarceration were the main legal points established in the given judgment.
Strict compliance with mandatory provisions of the NDPS Act, such as Section 42, is essential to protect suspects against false implication and ensure fair investigation and trial.
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