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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Dharamjit Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral) - Prayer
This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No. 035, dated 01.05.2024, under Sections 21C/61/85 of NDPS Act, 1985 registered at Police Station Ladowal, District Ludhiana.
2. Facts
The facts as narrated in the FIR reads as under:-
'To SHO, PS Ladhuwal, Ludhiana. Jai Hind. Today, I, ASI alongwith ASI Darshan Singh No. 1448/Ludh., ASI Balwant Singh 2736/Ludh., Ct. Pawan Kumar 3374/Ludh., L/HC Reena Devi 197/ Ludh., S/Ct Inderjeet Singh No. 1743/Ludh. alongwith Pvt. Laptop & printer on Govt. vehicle no. PB-08-DS-4490 whose driver was ASI Inder Singh No. 1473/Ludh were in a Nakabandi for checking suspicious & bad elements of the society near G.T. road toll plaza underneath the flyover on Ladhuwal Ludhiana Road, when we saw a hindu boy & one girl who were on foot, were coming from Phillaur side and were going towards Ludhiana side. On seeking the police party, they got scared and immediately turned around when the said boy grabbed a small black polythene bag from the pocket of his pant & threw it on his right side on the ground and the girl accompanying him threw lady purse which she was carryi
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing in the accused's innocence, especially when commercial quantities of....
NDPS Act - Rejection of Bail – Evidence and material on record is not required to be pre-judged and parties can establish their case during trial.
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