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ALKA SARIN
Buta Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Alka Sarin, J. (Oral) - Heard through video conferencing.
2. This is the second petition filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.57 dated 20.06.2020 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Zira, District Ferozepur.
3. Learned counsel for the petitioner would contend that the first petition being CRM-M-21044-2021 was dismissed vide order dated 02.06.2021. Learned counsel for the petitioner would further contend that since the passing of order dated 02.06.2021, only one witness has been examined. Learned counsel for the petitioner has contended that the petitioner has absolutely clean antecedents and there is no other case pending against him.
Notice of motion.
4. On the asking of the Court, Mr. H.S. Multani, AAG Punjab, who has joined the session through video conferencing, accepts notice on behalf of the respondent-State. He, on instructions from ASI Ban Singh and on the basis of custody certificate, has stated that the petitioner has been in custody for the last 1 year 4 months and 9 days. There is no other case pending against him. It
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 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 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 delay in sending the sample to FSL Mohali and the petitioner's custody duration were considered as mitigating circumstances for granting regular bail.
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 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 court considered the completion of investigation, lack of criminal antecedents, and commercial quantity of the recovered substance in granting bail under Section 439 of Cr.P.C. in a case involvin....
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