Sukhchain Singh Alias Kaka vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2308

JASGURPREET SINGH PURI
Sukhchain Singh Alias Kaka – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Chandan Singh Rana, Advocate with Ms. Sonia Parmar Rana, Advocate and Ms. Himani, Advocate; For the Petitioner
Mr. Ramdeep Partap Singh, Senior DAG, Punjab.

JUDGMENT

Jasgurpreet Singh Puri, J. (Oral)

The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.169 dated 16.05.2022, under Sections 22 (c), 61, 85 of the NDPS Act and Section 29 of the NDPS Act added later on, registered at Police Station City Faridkot, Punjab.

2. Learned counsel for the petitioner has submitted that the petitioner is in custody for the last about 1 year and 3 months and in the present case, there was an alleged recovery of 255.45 grams of Tramadol from the petitioner, which is slightly higher than the commercial quantity as per the NDPS Act. He further submitted that the petitioner has clean antecedents and has no criminal background except for one FIR registered under Sections 323, 427, 451 and 34 of the IPC but there is no FIR under the NDPS Act against the petitioner and it was only because of the aforesaid pendency of the FIR that the petitioner has been falsely implicated in the present case. To substantiate his argument, learned counsel for the petitioner further submitted that the charges in the present case were framed on 15.11.2022 and almost 9 months have elapsed