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KIRTI SINGH
Jagmeet Singh Alias Katta – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Kirti Singh, J.
1. The jurisdiction of this Court under Section 439 of Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No. 18 dated 20.01.2024, registered under Section 22 of NDPS Act, at Police Station City Faridkot, District Faridkot.
2. The brief facts of the present case are that on 20.01.2024, co-accused Ramjit Singh was arrested with 37,000 intoxicating tablets on the basis of secret information. Co-accused Ramjit suffered a statement and stated that he was going to supply the contraband to the present petitioner. Petitioner-Jagmeet Singh was also arrested and revealed that he had been introduced to a narcotics supplier in Karnal by co-accused Kulwinder Kaur’s deceased husband.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and, upon learning that his name was involved by the police, he voluntarily surrendered in court on 25.01.2024. It is further submitted that no recovery was made from the petitioner and the alleged recovery was from co-accused Ramjit Singh. The petitioner has already undergone an actual custody of 08 months and 05 days and there is one case registered against
The court granted bail under Section 439 of Cr.P.C. despite NDPS Act implications, emphasizing the lack of recovery from the petitioner and the completion of investigation.
The court considered the quantity of contraband, lack of recovery from the petitioner, and delay in trial as grounds for granting bail.
The central legal point established in the judgment is the consideration of conscious possession of contraband and the factors influencing the grant of regular bail under the NDPS Act.
Right to speedy trial and personal liberty outweighs the risks associated with bail in non-violent drug offenses.
The central legal point established is that the recovery of contraband from the possession of the accused is a crucial factor in determining the grant of regular bail under the NDPS Act.
The central legal point established in the judgment is the requirement of evidence linking the accused to the alleged offence, the evidentiary value of disclosure statements, and the applicability of....
The central legal point established in the judgment is the consideration of conscious possession and the quantity of recovered contraband in granting regular bail under the NDPS Act.
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