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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Suresh Chand – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
1. Prayer The jurisdiction of this Court under Section 439 Cr.P.C. ( now 483 BNSS ) has been invoked second time by the petitioner for grant of regular bail in case FIR No.283 dated 31.08.2022, under Section 18 NDPS Act, 1985, registered at Police Station Derabassi, District SAS Nagar, Mohali.
2. Contentions
On behalf of the petitioner
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case with ulterior motive and nothing has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner has an unblemished record. Moreover it is argued that it is highly unlikely that any person carrying contraband would carry the same in a transparent polythene envelope so as to invite attention of the police.
On behalf of the State
On the other hand, learned State counsel has produced the custody certificate of the petitioner today in Court, which is taken on record. According to which, the petitioner has suffered incarceration for a period of 2 years, 10 months and 12 days, as of now. He prays for dismissal of the present petition stating that the recovery i.e. 2 Kg 600 Grams of
The presumption of innocence dictates that bail is the general rule, with imprisonment being the exception; humane discretion in bail decisions is essential.
The right to a speedy trial under Article 21 can outweigh the rigors of Section 37 of the NDPS Act in cases of prolonged custody without trial.
The main legal point established in the judgment is that the recovery of contraband from each accused should be considered individually, not collectively, and the categorization of the quantity of co....
The substantial custody of the accused, the period of trial, and the quantity of contraband in relation to commercial quantity are key factors in granting regular bail under the Narcotic Drugs and Ps....
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