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KARAMJIT SINGH
Parvinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Karamjit Singh, J. (Oral) - Prayer is for grant of regular bail in case having FIR No.89 dated 19.9.2021 registered under Section 22 NDPS Act at Police Station Sadar Nawashahar District SBS Nagar.
2. The counsel for the petitioner inter alia contends that the petitioner is incarcerated since 19.9.2021 and has been falsely implicated in the present case. The counsel for the petitioner further submits that as per recovery memo 20 strips each containing 20 tablets of Buprenorphine and Naloxone Sublingual tablets USP B.No PTN-248 MFC 03/2021 EXP 02/2024 were recovered from the petitioner. The counsel for the petitioner further submits that however the sample which was sent for analysis to the FSL is silent regarding batch number, manufacturing date and expiry date as is clear from Annexure P-2. The counsel for the petitioner further submits that in this manner, the prosecution has failed to connect report of FSL (Annexure P-2) with the articles which were allegedly recovered vide recovery memo dated 19.9.2021 and thus the prosecution has failed to link the report of FSL with the alleged recovery and consequently the petitioner is entitled to get benefit of regular bail.
3. The pr
The main legal point established in the judgment is that the prosecution's failure to connect the FSL report with the alleged recovery can entitle the accused to regular bail, even in the face of str....
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 main legal point established in the judgment is the adverse inference against the prosecution due to the absence of the material witness and the implications of Section 37 of the NDPS Act in gran....
The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involvi....
Bail can be granted based on arguable points, period of custody, and merits of the case, especially in cases involving commercial quantity of contraband.
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