Kashmir Singh vs State of Punjab - 2023 Supreme(P&H) 1781

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1781

HARPREET SINGH BRAR
Kashmir Singh – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
For the Parties : Mr. Ramesh Chand Sharma, Ms. Ishma Randhawa AAG, Punjab

Table of Content
1. petitioner seeks bail under ndps act. (Para 1)
2. fir based on secret information. (Para 2)
3. details of opium recovery from petitioner. (Para 3)
4. opposition to bail due to habitual offending. (Para 4)
5. supreme court precedent on bail considerations. (Para 5)
6. bail granted due to trial delays. (Para 6)

Judgment

Mr. Harpreet Singh Brar, J.

The petitioner has approached this Court by filing the petition under Section 439 Cr.P.C. seeking regular bail in a case bearing FIR No.15 dated 30.01.2023 under Sections 18 /61 of the NDPS Act, 1985 registered at Police Station Sujanpur, District Pathankot.

2. Learned counsel for the petitioner inter alia contends that the present FIR was lodged on the basis of secret information and petitioner along with two other accused, namely, Gurdit Singh and Nirval Singh were named as accused.

3. On the basis of secret information, the petitioner along with two other co-accused were apprehended and the Investigating Officer SI Harjinder Singh recovered 1 kg 500 grams of opium from the polythene bag carried by the petitioner. The recovery from the petitioner falls under the non-commercial quantity and as such the embargo under Section 37

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