HARSH BUNGER
Gurdial Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of fir and arrest details (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against bail (Para 5 , 6) |
| 3. court considerations for granting bail (Para 7 , 8 , 15 , 16) |
| 4. relevant supreme court precedents on bail (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. final order granting bail with conditions (Para 17 , 18 , 19 , 20 , 21) |
Judgment
Mr. Harsh Bunger, J.
Petitioner (Gurdial Singh) has filed the present petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case bearing FIR No. 146 dated 1.6.2021, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station City Phagwara, District Kapurthala.
2. Status report by way of affidavit dated 18.4.2023 of Mr. Jaspreet Singh, P.P.S., Deputy Superintendent of Police, Sub Division Phagwara, Kapurthala, has been filed on behalf of State of Punjab, which is already on record.
3. Custody certificate dated 18.4.2023 of the petitioner has already been filed by learned State counsel, which is already on record.
4. Briefly, the aforesaid FIR was registered on the complaint of ASI Jaswant Rai, who stated that on 1.6.2021 when he alongwith Head Constable Jagroop Singh
Prolonged custody and trial delays can warrant the relaxation of bail conditions under the NDPS Act, balancing individual rights with legal provisions.
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
The court emphasized that bail should not be denied solely based on prior criminal history, focusing instead on the sufficiency of evidence and the likelihood of the accused appearing for trial.
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