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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Bidesh Rai – Appellant
Versus
Intelligence Officer, Directorate Of Revenue Intelligence – Respondent
JUDGMENT :
Harsh Bunger, J.
This is third petition filed under Section 483 Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of petitioner (Bidesh Rai) for grant of regular bail in criminal complaint case (File Nc.DRI/LDZU/855/ I NT-02/2021) dated 07.03.2022 (Annexure P-1), under Sections 8,20, 27-A, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the N.D.P.S. Act'), registered at Revenue Intelligence (Zonal Unit), Ludhiana.
2. The earlier two petitions, i.e. CRM-M-232S1-2022 and CRM-M-11970-2024, filed by the petitioner were dismissed by this Court vide orders dated 24.07,2023 and 19,04.2024, respectively.
3. Briefly, the DRI (Zonal Unit), Ludhiana, filed a complaint (F.No.DRI/LDZU/855/INT-02/2021) dated 07.03.2022 (Annexure P-1), before the Judge, Special Court, Ludhiana; wherein, it was stated that a specific intelligence report was received by DRI Unit that Cannabis (Ganja) is stored in a godown premises situated at Village Mangli Nichi, Sahnewal, District Ludhiana, which was expected to be removed. The said Intelligence Report was reduced into writing and submitted to the superior officer and thereafter, the afore-said godown premises were searched
The court ruled that the long duration of custody without trial, combined with assurances of the accused's availability, justified the grant of bail despite the presumption against it under the NDPS ....
The court emphasized that bail for drug offenses requires proof of innocence and likelihood of non-reoffending, in line with stringent statutory provisions to combat drug trafficking.
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
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