Mangal Singh @ Mangli vs State Of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 2008

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Mangal Singh @ Mangli – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Riffi Birla, Advocate
For the Respondent: Mr. Adeshwar Singh Pannu, AAG, Punjab.

JUDGMENT :

Jasgurpreet Singh Puri, J. (Oral) -

The present is a third petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in FIR No.293 dated 07.12.2019, under Sections 21/61/85 of NDPS Act (Sections 18/23/29 of NDPS Act added later on), registered at Police Station Sadar Fazilka, District Fazilka.

2. Learned counsel for the petitioner has submitted that the petitioner is in custody for 4 years and 3 months and charges in the present case were framed on 10.03.2022 which is more than 2 years ago and till date only one prosecution witness has been examined. She submitted that it is a case where the petitioner has been falsely implicated and as per the allegations, the petitioner was allegedly going on a bullock cart which was checked by the BSF personnel and thereafter, there was alleged recovery of 2 kgs. and 156 grams of heroin, besides 45 grams of opium. She submitted that the petitioner is not involved in any other case and has got clean antecedents and has been falsely implicated at the instance of the police. She further submitted that be that as it may, the bar contained under Section 37 of the NDPS Act will not apply to

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