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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Davinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Kirti Singh, J.
The jurisdiction of this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been invoked for grant of regular bail to the petitioner in case FIR No.246 dated 06.12.2023, under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sidhwan Bet, District Ludhiana, Rural.
2. Learned counsel for the petitioner submits that it is alleged that petitioner was apprehended with 2.7 kg of opium. He further submits that petitioner has been falsely implicated in this case and the alleged recovery is marginally higher than the commercial quantity. He also submits that petitioner has clean antecedents and there is no other case registered against him. Reliance has been placed upon the decision dated 05.09.2023 passed by the Co-ordinate Bench of this Court in CRM-M-43084-2023.
3. Per contra learned State counsel submits that the petitioner was actively involved in the commission of the offence. He has filed custody certificate in Court today and the same is taken on record. As per the custody certificate, the petitioner has undergone actual custody of 10 months and 13 days and is not involved in any other case.
The main legal point established in the judgment is that in cases of long custody periods involving recovery of commercial nature, the rigors of Section 37 of NDPS Act can be diluted, considering the....
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
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 central legal point established in the judgment is that long custody can be a ground for granting bail under the Narcotic Drugs & Psychotropic Substances Act, and the provisions of Section 37 of ....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
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....
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