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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Gurpreet Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. (Oral)
1. The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.0304 dated 30.06.2022 under Sections 15, 27-A, 29 of the NDPS Act, registered at Police Station City Mandi Dabwali, District Sirsa.
2. The brief facts of the case are that while the police party was on patrolling duty, secret information was received that Surender Singh alias Babbi (since granted bail vide order dated 19.01.2024 passed in CRM-M-1653-2024) son of Angrej Singh and Hargobind Singh @ Ghilla (since granted bail vide order dated 06.02.2024 passed in CRM-M-41406-2023) son of Hardev Singh, owner and truck driver of truck No.HR 57A-7298, namely, Gursewak Singh @ Sewak, Brezza car No.HR-25H-2885 and truck conductor name not known alongwith others did the business of selling doda post. They were bringing doda post in large quantity frrom Madhya Pradesh in a truck and would unload the truck at village Desujodha in the nearby fields and by concealing it in the fields they would further sell to their customers by contacting them. On 29.06.2022 at night, Surender Singh alias Babbi filled doda post in the said truck
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.
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.
A habitual offender under the NDPS Act is not entitled to anticipatory bail based on weak evidence from co-accused.
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