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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Jaswinder Singh alias Kala – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. The present petition, is the first attempt before this Court by the petitioner, under Section 483 of BNSS , 2023 for grant of regular bail in FIR No.21 dated 15.04.2025 registered under Section 21 -C of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) and under Sections 27 -A and 29 of NDPS Act (added later on) at Police Station Behrampur, District Gurdaspur.
2. The gravamen of the FIR in question is that on 15.04.2025, Sub Inspector Gurmukh Singh; accompanied by ASI Jagir Chand, ASI Satnam Singh and Manjit Singh, SRC Daljit Singh and PHG Naresh Kumar; was conducting anti-drone patrolling in the government vehicle alongwith standard investigative equipment near the villages of Toor and Mummy Chack Ranga etc and were heading towards the Ravi river. While searching the riverbank, the police patrolling team observed two young men loitering suspiciously. On noticing the police, one of them later identified as Sahil Kumar son of Mukesh Kumar of Toor village, discarded a polythene bag into nearby bushes and attempted to retreat. Both the individuals were intercepted and upon inquiry, the second man identified himself
The stringent conditions of Section 37 under the NDPS Act require that an accused must demonstrate reasonable grounds for believing they are not guilty for bail eligibility, particularly concerning c....
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
while considering the bail petition despite the language employed in the section, court must develop a delicate balance between judgment of acquittal, conviction and bail and the provision should be ....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
Bail denied in NDPS commercial quantity case as twin conditions under Section 37 unsatisfied: no reasonable grounds believing not guilty and risk of reoffending on bail.
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