HARSH BUNGER
Gurdeep Singh alias Vicky – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARSH BUNGER, J.
1. This is second petition filed under Section 439 Cr.P.C. on behalf of petitioner (Gurdeep Singh alias Vicky) for grant of regular bail in case FIR No. 4 dated 05.01.2022, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS. Act’), at Police Station Moonak, District Sangrur.
2. The first petition filed under Section 439 of Code of Criminal Procedure (CRM-M-13591-2023) by petitioner was dismissed as withdrawn, vide order dated 27.04.2023 (Annexure P-5).
3. Status report dated 18.03.2024 by way of affidavit of Mr. Parminder Singh, PPS, Deputy Superintendent of Police, Sub Division, Moonak, District Sangrur and custody certificate dated 17.03.2024 of the petitioner have already been filed, which are on record.
4. Briefly, the aforesaid case FIR was registered on the basis of a ruqa prepared by ASI Jagjit Singh, who averred that on 05.01.2022, when he alongwith other police officials was present at Old Bus Stand, Moonak, then at about 08.15 am, he received an information from a special informer that Gurdeep Singh alias Vicky (petitioner herein), is used to sell the intoxicant tablets while
Dataram Singh vs. State of Uttar Pradesh and Another
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 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....
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