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ALKA SARIN
Malook Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Auka Sarin, J. - This is a second petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.04 dated 08.08.2019 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered at Police Station SSOC Fazilka, District Ferozepur (Punjab). The first petition being CRM- M-33645-2020 was dismissed as withdrawn on 09.12.2020.
2. Learned counsel for the petitioner would contend that the petitioner has falsely been implicated in the case and that he has been in custody for a period of 02 years, 09 months and 14 days. The learned counsel would further contend that there is no other case pending against the petitioner and out of eight prosecution witnesses only three stand examined. It is further the case of the learned counsel that when the alleged recovery is stated to have been made from the petitioner it was stated to be heroin, however, on receipt of the FSL Report it transpired that the same was Tramadol Hydrochloride.
3. The State counsel has filed the custody certificate as well as the status report by way of affidavit of Harkamalpreet Singh Khakh, PPS, Assistant Inspector General
The court may grant regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering factors such as prolonged custody, the likelihood of a lengthy trial, and the offender's crimin....
The court may grant regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering factors such as clean antecedents, minimal progress in the case, and the petitioner being a fir....
The delay in sending the sample to FSL Mohali and the petitioner's custody duration were considered as mitigating circumstances for granting regular bail.
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 main legal point established in the judgment is that the court may grant regular bail considering the prolonged custody of the accused and the slow progress of the trial, despite the recovery of ....
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 ....
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