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VIKAS BAHL
Raj Kumar @ Raju – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - CRM-14855-2022
1. Allowed as prayed for.
2. Annexures P-3 and P-4 are taken on record subject to all just exceptions.
Main Case
3. The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 73 dated 19.06.2020 under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station STF Phase-4, District SAS Nagar.
4. Learned counsel for the petitioner has submitted that in the present case, it is not specifically stated in the FIR as to from whom the recovery of 615 gms. of Heroin has been effected. It is further submitted that the petitioner has been in custody since 19.06.2020 and the challan has already been presented and there are as many as 15 witnesses, none of whom have been examined as yet and thus, the trial is likely to take time. It is also submitted that in the present case, there is non compliance of Section 42 of the NDPS Act inasmuch as, the secret information had been taken down by ASI Jaipal Singh whereas the same has been sent by Naresh Kumar and not by ASI Jaipal Singh. A reference has been made to Section 42 (2) to contend that the p
Substantial custody and arguable points in the case are crucial factors for granting bail under the NDPS Act.
The substantial custody of the accused, the period of trial, and the quantity of contraband in relation to commercial quantity are key factors in granting regular bail under the Narcotic Drugs and Ps....
The main legal point established in the judgment is that substantial custody, arguable points on merits, and the period of custody are crucial factors in granting bail in cases involving commercial q....
The main legal point established in the judgment is the consideration of debatable issues regarding compliance with the NDPS Act, the preparation of documents, and the integrity of the prosecution's ....
The length of custody, completion of investigation, and likelihood of trial taking time are relevant factors in granting bail in cases under the NDPS Act. The right of the accused under Article 21 of....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
Courts must explicitly record twin satisfaction under NDPS Act Section 37(1)(b)(ii) for bail in commercial quantity cases; non-recording is jurisdictional defect rendering order unsustainable, even c....
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
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