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JASGURPREET SINGH PURI
Ashok Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. eligibility for bail due to custody duration. (Para 1 , 2) |
| 2. arguments regarding the petitioner’s innocence and trial delay. (Para 3 , 4) |
| 3. court’s analysis of delays violating article 21. (Para 6 , 10 , 11) |
| 4. legal principles on detention and bail. (Para 7 , 8 , 9) |
| 5. final ruling on bail granted. (Para 12 , 13) |
Judgment
Mr. Jasgurpreet Singh Puri, J . :- The present is a second petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.160 dated 07.10.2021, under Section 15 of the NDPS Act, 1985, registered at Police Station Vairo Ke, District Fazilka.
2. Learned counsel for the petitioner submitted that the petitioner is in custody from 07.10.2021, which is 2 years and 11 days and in the present case, the allegations against the petitioner and the other four co-accused were that they were coming in a car from Rajasthan and they were apprehended on the basis of a secret information received by the police and the alleged recovery from the car of the petitioner in which he was sitting on the seat of the conductor was 62 kgs. of Poppy Husk and the commercial quantity as defined in the NDPS A
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