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VIKAS BAHL
Sandeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is the third petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No.164 dated 21.10.2021 registered under Section 22 of the NDPS Act, 1985 at Police Station City-1 Mansa, District Mansa and the charges have been framed under Sections 22 and 27 of the NDPS Act by the Special Court, Mansa.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 21.10.2021 and investigation is complete and challan has been presented and there are 17 prosecution witnesses, out of which, none have been examined as yet and thus, the conclusion of trial is likely to take time. It is further submitted that the last bail application filed by the petitioner was withdrawn on 12.01.2023 with liberty to file a fresh petition after the charges had been framed or after any substantial change in circumstance. It is contended that after passing of the said order, charges have been framed on 22.02.2023 under Sections 22 and 29 of the NDPS Act which were subsequently amended vide order dated 10.04.2023 and Section 29 of the NDPS Act was removed and Section 27 of the NDPS Act was added and thus, offences, f
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 substantial custody of the accused, the period of trial, and the quantity of contraband in relation to commercial quantity are key factors in granting regular bail under the Narcotic Drugs and Ps....
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
The main legal point established in the judgment is that the recovery of contraband from each accused should be considered individually, not collectively, and the categorization of the quantity of co....
The main legal point established in the judgment is the consideration of arguable points, the period of custody, and the requirement to meet the object of Section 37 of the NDPS Act in granting regul....
The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty....
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
The main legal point established in the judgment is the interpretation of the provisions of the NDPS Act, particularly regarding the applicability of Section 37 to the recovery of non-commercial quan....
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