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GURVINDER SINGH GILL
Jitender Kumar @ Jeetu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Gurvinder Singh Gill, J.
This order shall dispose of the above mentioned 3rd petition filed on behalf of petitioner seeking grant of regular bail in respect of the aforementioned FIR; and also the application i.e. CRM-19318-2024 filed on behalf of the petitioner seeking extension of interim bail as granted to him vide order dated 12.2.2024.
2. The allegations as levelled against the petitioner are that on 2.10.2020 when a team of Anti Narcotic Cell, Sirsa was present at Red Light Chowk, Sirsa then a secret information was received by ASI Mahender Singh, who was heading the said team to the effect that Jitender Kumar @ Jeetu indulges in supplying 'heroin' and that even on the given day, he was to proceed from his rented house in street No.5, DC Colony, Sirsa to Punjab for sale of 'heroin' in his Maruti Zen car bearing registration No.UP-32AK-5345. Pursuant to receipt of said information, an intimation in terms of Section 42 of Narcotic Drugs and Psychotropic Substances Act, 1985 was sent to Deputy Superintendent of Police, Head Quarter Sirsa through ESI Raj Kumar and the team headed by ASI Mahender Singh proceeded towards street No.5, DC Colony, Sirsa, where barricades were
The court denied bail due to the petitioner's misuse of interim bail and involvement in multiple NDPS Act cases, emphasizing the need for procedural adherence and the risk of reoffending.
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
The compliance of provisions under Section 50 of NDPS Act, the recovered quantity of contraband, and the application of Section 37 of NDPS Act are crucial in determining bail applications under the N....
NDPS Act - Rejection of Bail – Evidence and material on record is not required to be pre-judged and parties can establish their case during trial.
Front passenger in vehicle with intermediate heroin quantity has prima facie conscious possession; bail granted to first-time offender likely for personal use, no Section 37 rigours, societal roots, ....
The main legal point established is the stringent requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while o....
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the prolonged custody of the petitioner, despite the serious nature of the charges.
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