SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Incarcerating on being arrested under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for allegedly selling commercial quantity of heroin to the main accused, has come up before this Court under Sec. 439 of CrPC seeking bail on the grounds that there is no legally admissible evidence to connect the petitioner with the main accused from whose possession the recovery had taken place.

(2.) In Para 12 of the bail application, the petitioner declares having no criminal history. Ld. Counsel for the bail petitioner states on instructions that the petitioner has no criminal past relating to the offences prescribing sentence of seven years and more, or when on conviction, the sentence imposed was more than three years. The status report also does not mention any criminal past of the accused.

(3.) Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever and incarceration before the proof of guilt would cause grave injustice to the petitioner and family.