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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Iftikhar @ Raja @ Kasai – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief Sought
1. The jurisdiction of this Court has been invoked under Section 439 Cr.P.C seeking the concession of grant of regular bail for the petitioner in FIR No.129 dated 10.09.2023 under Sections 21 & 29 of NDPS Act registered at P.S City 1, Malerkotla, District Malerkotla.
2. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :-
" Copy of ruqa, SHO, Police Station City I Malerkotla. Jai Hind. Today, I SI alongwith ASI Harjit Singh 496/Sang, HC Daljit Singh 290/BR, HC Manpreet Singh 385/Sang, SC Swaranjit Singh 1719/Sang, CT Lovepreet Singh 2323/Sang were patrolling in government vehicle Bolero bearing no. PB-65- BA-8115 and checking suspicious and vehicle and the car was driven by SC Nirbhai Singh 990/Sang alongwith laptop and printer, inverter etc. and were present near Jarg Chowk under the bridge at Malerkotla and thereafter, at near about 3 p.m. one secret informer came before me and gave the information that Iftikhar @ Raja Kasai son of Zulfikar, resident of Mohalla Hajan Wala, Malerkotla, Deepak Kumar @Veeru son of Harbans Lal, resident of Ravidas Nagar, Malerkotla and Mohamma
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.
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
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