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JASJIT SINGH BEDI
Imtiyaz Ahmed – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J.(Oral) - The Prayer in this petition under Section 439 Cr.PC read with Section 482 Cr.PC is for the grant of interim bail in case FIR No.173 dated 21.10.2022 under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Khanna, District Ludhiana.
2. The brief facts of the case are that while the police party was on patrolling duty, information was received that Imtiyaz Ahmed (petitioner) resident of Jammu and Kashmir and Ishtiyak Ahmed after loading fruits and other things from Kashmir used to go to Azad Mandi and would be bringing back a huge quantity of intoxicant vials and injections from Delhi and were taking the same to Kashmir for selling at a profit. If a raid was conducted near Dhaba Markfed, Khanna where the truck was parked, the persons could be apprehended along with intoxicating vials and injections.
Based on the information, the instant FIR came to be registered. Subsequent thereto the petitioner and his co-accused were arrested and the recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup came to be effected.
3. The Counsel for the petitioner contends
The seriousness of the allegations, residency in another state, and withdrawal of a previous bail application are relevant factors in determining eligibility for interim bail.
The court has the discretion to grant interim bail under Section 439 of the Code of Criminal Procedure, 1973 based on the specific circumstances of the case.
The court may refuse to grant interim bail if the petitioner has a history of being a habitual offender and there are pending cases against the petitioner under the NDPS Act.
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