LAWS(P&H)-2024-1-11

SUKHPAL SINGH KHAIRA Vs. STATE OF PUNJAB

Decided On January 04, 2024
Sukhpal Singh Khaira Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner, an MLA from Punjab, and a former Leader of Opposition, who was initially neither named nor prosecuted in the FIR captioned above, but his role surfaced during a further investigation conducted by a new Special Investigation Team [SIT] for violating 27-A, 27-B of the NDPS Act, in addition to other provisions of FIR, came up before this Court under Sec. 439 of the CrPC, 1973, seeking bail.

(2.) Counsel for the petitioner on instructions argued that in case this Court grants bail to the petitioner, they would have no objection to any condition whatsoever and also refers to para no. 11 of the petition in which it was explicitly mentioned that the petitioner would comply with all the conditions imposed by this Court. The petitioner contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

(3.) While opposing the bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls in the commercial category, and they have collected sufficient evidence that prima facia points towards petitioner's dealings with the drugs trade and the international mafia. FACTS: