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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harpreet Singh Brar, J
Gurbir Singh @ Gullu – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. details of the fir and the nature of recovery of non-commercial quantity of heroin. (Para 1 , 2) |
| 2. arguments regarding parity, clean antecedents, and non-applicability of section 37 ndps act. (Para 3 , 4 , 5) |
| 3. analysis of undertrial rights under article 21 and the impact of trial delays on liberty. (Para 6 , 7 , 8) |
| 4. grant of bail without prejudice to the merits of the trial. (Para 9 , 10) |
HARPREET SINGH BRAR J. (Oral)
1. Prayer in this petition filed under Section 483 of BNSS, 2023 (corresponding to Section 439 of Cr.P.C.) is for grant of regular bail to the petitioner in FIR No.28 dated 03.02.2026 registered under Sections 21, 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’) at Police Station Jandiala, District Amritsar (Rural).
2. The case of the prosecution is that on 03.02.2026, the petitioner was apprehended while riding a motorcycle and the co-accused Jugraj Singh @ Niku was allegedly travelling as a pillion rider. Upon checking of an envelope allegedly being carried by the petitioner in his hands, recovery of 08 grams of heroin (non-commercial quantity) was effected. Further, an amount of Rs.1,200/- was al
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