JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), per the FIR captioned above, has come up before this Court under Sec. 439 CrPC seeking bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply.

(2.) In paragraph 19 of the bail petition, the accused declares that he was involved in two cases, out of which, in one case he has been discharged and in one matter has been compromised.

(3.) Petitioner's counsel seeks bail on the grounds that contraband recovered from him falls in intermediate quantity. His next contention is that although there are two cases against the petitioner as mentioned in para 19 of the petition, but both cases have been closed, in which, in one he has been discharged and one matter was compromised, as such there is no criminal antecedents as on date. Petitioner's counsel further seeks bail on parity with co-accused Bhupinder Singh, Sunny Sohal and Amarjit Kaur. He further prays for bail by imposing any stringent conditions including surrender of weapons. The petitioner contends that the further pre-trial incarceration would cause an irreversible injustice to the petitioner and family.