Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Manoj Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J.
Prayer
This petition has been filed under Section 439 of the Cr.P.C. read with Section 483 of the BNSS, 2023 seeking the concession of regular bail for the petitioner in FIR No.21 dated 07.02.2024 under Section 22(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Kotwali, District Bathinda.
2. Prosecution story set up in the present case as per the version in the FIR reads as under :-
'Copy of Ruqa, "SHO Police Station Kotwali, Bathinda today I, SI alongwith C Harinder Singh 1155, C Gurmej Singh 952, CC Lakhwinder Singh 2211, CC Swaranjeet Singh 626 were travelling on a government vehicle Scorpio bearing No. PB65BF7691 which was being driven by PHG Kulwant Singh 33280 for the purpose of patrolling and checking the suspected persons, suspected vehicles and were going from Railway Station Bathinda to Mall Godown Road. At about 10:50 PM when the police party was about 15-20 karam ahead of Police Station Bathinda, then in the light of the vehicle, two persons were seen standing in a suspected condition nearby the gate of Mall Godown and out of them, one person was holding a transparent polythene in his hand and the sec
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
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 central legal point established in the judgment is the consideration of conscious possession and the quantity of recovered contraband in granting regular bail under the NDPS Act.
The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involvi....
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....
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....
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
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
