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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Vicky – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief Sought
1. The jurisdiction of this Court has been invoked under Section 439 Cr.P.C., seeking the concession of grant of regular bail for the petitioner in FIR No. 348 dated 24.11.2023 under Sections 21/22/61/85 of NDPS Act registered at P.S. Rajpura, District Patiala.
2. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :-
".FIR No.348 dated 24.11.2023, under Sections 21 & 22 of the NDPS Act, registered at Police Station City Rajpura, District Patiala. XX Xx xx XX XX XX xx XX XX xx XX XX xx xx XX XX X XX XX xx Copy of the original notification (Ruqqa, "SHO Police Station City Rajpura Patiala, Jai Hindi" Today on 24.11.2023, I myself SI alongwith the ASI Harjinder Singh 3099/PAT, ASI Sinderpal Singh 501/PAT, PHG Jasvir Singh No.509/PAT, PHG Jujhar Singh No. 30842, PHG Bittu Singh No. 18229 boarded on with the private vehicle with the Laptop and Printer were present in concern to the blockade at New Under Bridge Near Court Road Rajpura. And were checking the vehicle passing through there. It was around 6.30 PM when a bullet motorcycle came from the under bridge side. No. PB 08 DW 0321
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.
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
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