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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Nafis Ahmed @ Nafees Mughal – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 439 Cr.P.C. is for the grant of the regular bail to the petitioner in case FIR No.139 dated 27.07.2023 under Sections 21(C), 27-A, 25 and 29 of the NDPS Act, 1985 and Section 25/54 of the Arms Act, 1959 (added later on) registered at Police Station Dinanagar, District Gurdaspur, Punjab.2. The brief facts of the case are that Vikramjit Singh @ Vicky son of Swaran Singh, Sandip Kaur @ Harman wife of Parminder Singh and Kuldeep Singh @ Kala son of Darshan Singh came to be apprehended with 17 kgs. 960 grams of heroin.
Vikramjit Singh @ Vicky and Kuldeep Singh @ Kala disclosed that one Mandeep Singh Dhaliwal presently residing in USA had asked them to bring heroin from Sri Nagar. At Sri Nagar, three persons had met them who supplied them a bag containing heroin. One of them was Mukhtiar Ahmed (since granted bail vide a common order dated 11.03.2024 passed in CRM-M-9738-2024) and the second was Nafees Ahmad (petitioner) son of Abdul Latiff and the identity of the third person was not disclosed.
Based on the aforementioned statement, Mukhtiar Ahmad and Nafees Ahmad came to be nominated as accused. They we
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
Bail can be granted when an accused is named in a co-accused's disclosure statement without recovery, especially if they are a first-time offender and the trial is delayed.
Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.
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