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ALKA SARIN
Gurpreet Singh – Appellant
Versus
Union Of India, Narcotics Control Bureau, Chandigarh – Respondent
JUDGMENT
Alka Sarin, J. - This is the second petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in Crime Case No.23 dated 06.05.2019 under Sections 8, 22, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') registered in Police Station Narcotics Control Bureau (NCB), Chandigarh.
2. Learned counsel for the petitioner would contend that the first bail petition of the petitioner being CRM-M-40773-2019 was dismissed as withdrawn vide order dated 17.12.2020. Learned counsel would further contend that the petitioner has been in custody for a considerably long time i.e. since 06.05.2019. Learned counsel for the petitioner would further contend that there has been a violation of Section 42 of the NDPS Act.
3. Learned counsel for the respondent-NCB has referred to the reply filed by the NCB wherein it has been stated that the bail petition of the co-accused being CRM-M-10050-2021 titled Jaswinder Singh Grewal Vs. Union of India was dismissed on 24.08.2021 and that of another co-accused being CRM-M-44719-2019 titled Abhishek Sharma Vs. Union Of India was dismissed on 23.09.2020. Learned counsel f
The limited purpose of examining bail applications under Section 37 of the NDPS Act is to focus on the availability of reasonable grounds for believing that the accused is not guilty of the offences ....
The central legal point established in the judgment is the interpretation of Section 37 of the NDPS Act, which focuses on the availability of reasonable grounds for believing that the accused is not ....
The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty....
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
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