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2022 Supreme(P&H) 819

GURVINDER SINGH GILL
Mandeep Kaur – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Mr. Rishu Mahajan, Advocate, Mr. Umesh Aggarwal, Advocate, for the Appellant; Mr. Luvinder Sofat, AAG, Punjab and Mr. Tanvir Joshi, AAG, Punjab assisted by ASI Harpal Singh. Mr. Rajiv Sidhu, DAG, Haryana and Mr. Rahul Mohan, DAG, Haryana., for the Respondent.

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the applicability of Section 43 versus Section 42 of the NDPS Act in cases involving contraband recovered in transit?

What factors regarding antecedents and delay in trial are considered in bail decisions under the NDPS Act for commercial quantity contraband?

What is the impact of recovery in transit and presence of a gazetted officer on bail eligibility and the required procedures under Sections 41-43 of the NDPS Act?

JUDGMENT

Gurvinder Singh Gill, J. - This order shall dispose off the above mentioned three petitions filed on behalf of Mandeep Kaur, Ranjit Singh @ Rana and Harjit Singh @ Happy seeking grant of regular bail in a case registered against them vide FIR No. 214 dated 24.11.2019 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') at Police Station Chattiwind, District Amritsar.

2. The FIR was lodged pursuant to receipt of secret information by Inspector Vikrant Sharma while he alongwith other police officials was patrolling in the area of Police Station Chattiwind. The information was to the effect that Ranjit Singh, Harjit Singh and Mandeep Kaur are proceeding in a white coloured Tata Indica car bearing registration No. PB02-BP-6906 from village Varpal to village Mehma Pandori and that they indulge in sale of heroin in a large scale. The information was further to the effect that even on the given day, they were proceeding for the purpose of supplying heroin.

3. Purusant to receipt of said information, barricading was

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2022 Supreme(P&H) 819

GURVINDER SINGH GILLMandeep Kaur – AppellantVersusState Of Punjab – Respondent

What is the applicability of Section 43 versus Section 42 of the NDPS Act in cases involving contraband recovered in transit?

What factors regarding antecedents and delay in trial are considered in bail decisions under the NDPS Act for commercial quantity contraband?

What is the impact of recovery in transit and presence of a gazetted officer on bail eligibility and the required procedures under Sections 41-43 of the NDPS Act?

Cases Referred (6)

GURVINDER SINGH GILL
Mandeep Kaur – Appellant
Versus
State Of Punjab – Respondent