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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Sukhchain Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
This is the first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.220 dated 01.11.2021 registered under Sections 15 and 25 of the NDPS Act at Police Station Dharamkot, District Moga.2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 25.01.2023 and the investigation is complete and the challan has already been presented and there are 25 witnesses, out of which, only 3 witnesses have been examined and thus, the trial is likely to take time. It is further submitted that the petitioner was not named in the FIR which was registered on 01.11.2021 and although 12 persons were specifically named and in the FIR it was also mentioned that the secret informer had taken the names of the said 12 persons, who were stated to be involved in buying and selling of poppy husk. It is argued that there was no allegation levelled against the present petitioner in the same and that as per the short reply dated 09.01.2024 filed by way of affidavit of Ravinder Singh, PPS, Deputy Superintendent of Police, Dharamkot, District Moga on behalf of the State, recovery of poppy husk has been effec
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
Courts consider recovery quantity, merits of the case, and custody period in granting bail under the NDPS Act.
The court emphasized the importance of evidence, compliance with legal provisions, and the impact of delay in trial on bail decisions under the NDPS Act.
The judgment highlights the importance of evidence and legal procedures in establishing a defendant's involvement in a criminal case, and the consideration of custody period and legal precedents in g....
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The central legal point established in the judgment is the significance of considering the merits of the case and the period of custody in granting bail in cases involving commercial quantity of cont....
The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involvi....
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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