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TMI Blog2015 (12) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... s patrolling near T-point, in the area of Saddo Majra, District Fatehgarh Sahib. A Qualis vehicle of white colour bearing Regd. No.PB-05-K-7070 came from the side of Village Kotla Bhai, which was stopped at the barrier. It was being driven by a young man who disclosed his name as Davinder Singh @ Happy s/o Baljit Singh. Search was conducted and 8½ kg ephedrine was recovered from a polythene envelope lying in the trunk of the vehicle. Davinder Singh was arrested and during interrogation, some more incriminating material was recovered from him. Davinder Singh @ Happy revealed that he was in fact driver of Jagdish Singh @ Bhola who is alleged to be the kingpin of drug-mafia. Jagdish Singh @ Bhola was also later on arrested and during hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ieved parties to approach the Division Bench of this Court before whom the writ petitions filed in PIL jurisdiction or other connected matters are listed. (6) The petitioner seeks his release on bail on the grounds, inter alia:- (i) His name does not find mention in the FIR and he was suddenly implicated after about 8 months of its registration; (ii) The petitioner was not found in 'conscious possession' of synthetic drug or a contraband; (iii) The petitioner has been falsely implicated on the basis of alleged confessional statement of a co-accused which is inadmissible in evidence; (iv) The alleged disclosure statement made by the petitioner also lacks legal sanctity. In any case, the alleged recovery of controlled substance pursu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the parties and on consideration of their rival submissions for the limited purpose as to whether or not the petitioner deserves the concession of bail, it appears to us that even in a case where two views are possible, the judicial discretion should tilt towards the liberty of a suspect not only because of the 'bail as a rule or jail as an exception' but also in view of Article 21 of the Constitution which guarantees the one's liberty. (9) Keeping such preface behind, we are of the considered view that the petitioner deserves the concession of bail for the reasons that - (i) the petitioner is neither found involved in any other case under the NDPS Act nor has he a track record of involvement under other penal laws; (ii) there i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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