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HARSH BUNGER
Sandeep Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Harsh Bunger, J. (Oral)
Petitioner (Sandeep Kumar) has filed this petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the petitioner in case FIR No.60 dated 24.11.2022, under Sections 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 21 (c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act were added later on) registered at Police Station Behrampur, District Gurdaspur (Annexure P-1).
2. Custody certificate dated 04.07.2024 of the petitioner and status report dated 03/04.07.2024 by way of affidavit of Sukhwinder Pal Singh, PPS, Deputy Superintendent of Police, Dinanagar, District Gurdaspur on behalf of the respondent/State of Punjab have been filed by learned State counsel in Court today, which are taken on record, subject to all just exceptions.
3. Briefly, the aforesaid case FIR was registered on 24.11.2022. It transpires that on 24.11.2022, Sub Inspector Deepika, Station House Officer, Police Station Behrampur received a secret information that three young boys namely Rohit Kumar, Deepak Kumar and Rajan Kumar, who are into the business of selling heroin, were wandering and roaming in i-20
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.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing in the accused's innocence, especially when commercial quantities of....
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
Bail in drug-related offences requires careful consideration of the nature of accusations, criminal history, and potential societal impact, with no automatic entitlement based on the quantity of drug....
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