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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Joginder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral) -
Relief Sought
1. The jurisdiction of this Court has been invoked for the second time under Section 483 of the BNSS, 2023, for grant of regular bail to the petitioner in case FIR No. 246 dated 22.12.2023(Annexure P-1) under section 21/29 of Narcotics Drugs and Psychotropic Substances Act 1985,( hereinafter referred as NDPS Act ) registered at Police Station Sadar Fazilka, District Fazilka
2. The FIR is reproduced herein below :
No. Ops/D/55 Bn/FIR/2023/415-16 Office of the Coy Commander D' Coy 55 BNBSF, BOP- Sowarwali Dated the 22 Dec 2023 To, the Station House Officer Police Station Sadar Fazilka. (Punjab) Sub:- To lodge FIR regarding movement of suspected flying object, firing thereof and recovery of one PKT (Suspected to be heroine) in AOR of BOP Sowarwali Ex 55 BN BSF It is submitted that on 21th Dec 2023, at about 2134 hrs. forward deployed troops in HIT No. 2 (consisting of No. 071281988 Cl Debajit Bardoli & No. 102550472 Ct Murtuza Ansari) heard humming/buzzing sound of a suspected flying object coming from Pak side (BP ref. 263/4) in AOR of BOP Sowarwali Ex. 55 Bn BSF but couldn't able to identify the exact direction of flying object. HIT p
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing in the accused's innocence, especially when commercial quantities of....
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
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 main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, emphasizing the legislative intent to prevent drug trafficking and the societal impa....
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