Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI,
Vipandeep Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
Through the instant petition filed under Section 439 Cr.P.C. the petitioner prays for grant of regular bail in case FIR No. 313 dated 30,.11.2022, under Section 21 of NDPS Act, registered at Police Station Division No. 5, District Police Commissionerate Ludhiana.ALLEGATIONS AGAINST THE PETITIONER
2. The instant FIR has been registered on a complaint made by ASI Amarjit Kumar. The relevant extract of the complaint reads as under:-
"On 30.11.2022, ASI Amarjit Kumar, was present along with other police officials at barricading held at Midha Chowk, Near Bus Stand, Ludhiana, then at around 7.30 PM, a secret informer came and informed that the petitioner is in the business of selling of heroin and is coming to Ludhiana city by bus to supply heroin to Kochhar market side and if there is strict checking of the suspicious man, the petitioner can be apprehended with a large amount of heroin. Believing the information, to be true and reliable, a ruqa was sent for registration of the case. Thereafter, the petitioner was rounded up and on his search, 280 grams of heroin was recovered from his possession."
3. What transpired from the perusal of the FIR (supra) is that o
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....
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 court can consider the grant of bail in NDPS cases despite possession of commercial quantity of contraband, based on substantial custody period and delay in trial.
The stringent conditions of Section 37 under the NDPS Act require that an accused must demonstrate reasonable grounds for believing they are not guilty for bail eligibility, particularly concerning c....
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....
Courts must explicitly record twin satisfaction under NDPS Act Section 37(1)(b)(ii) for bail in commercial quantity cases; non-recording is jurisdictional defect rendering order unsustainable, even c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
