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HARSH BUNGER
Mukhtiar Singh Alias Mukhtar Alias Kishan – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Harsh Bunger, J.
Petitioner (Mukhtiar Singh alias Mukhtar alias Kishan) has filed this petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case FIR No.82 dated 07.06.2022, under Sections 15 , 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act, 1985') ( Section 29 of the NDPS Act, 1985, added subsequently), registered at Police Station Khanna City - 2, District Khanna, Ludhiana.
2. Reply by way of an affidavit of Sh. Jashandeep Singh Gill, PPS, Deputy Superintendent of Police, Detective Khanna Additional Charge DSP Khanna, District Ludhiana (Punjab), on behalf of respondent- State of Punjab has been filed, which is already on record.
3. Custody certificate dated 30.05.2023 of the petitioner has been filed by learned State counsel, in the Court, which has been taken on record vide order dated 31.05.2023.
4. Briefly, the afore-said case FIR was registered on the basis of ruqa sent by one Vinod Kumar, Incharge, C.I.A. Staff, Khanna; wherein, it was stated that on 07.06.2022, he along with other police officials was present at Delhi-Ludhiana Highway, on a government vehicle bearing registra
The court emphasized the importance of evidence, compliance with legal provisions, and the impact of delay in trial on bail decisions under the NDPS Act.
The judgment highlights the importance of evidence and legal procedures in establishing a defendant's involvement in a criminal case, and the consideration of custody period and legal precedents in g....
Bail denied in NDPS case with intermediate contraband quantity due to prior similar conviction, recovery inconsistent with self-consumption, criminal antecedents, repetition risk, and societal drug m....
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 judgment establishes the stringent parameters for granting bail under the NDPS Act, emphasizing the need to satisfy reasonable grounds for believing in the innocence of the accused and ensuring t....
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 emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
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