Sahil Sahni v. State Of Punjab
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The petitioner was nominated in this case on the basis of disclosure statement of the co-accused from whom non-commercial quantity of contraband has been recovered. The rigors of Section 37 of the NDPS Act have not been attracted against the petitioner. No recovery has been effected from him. The veracity of the disclosure statement as suffered against the petitioner will be tested during the course of trial. He has been in custody since 20.06.2025. The petitioner is shown to be involved in two more cases, however, only due to that reason he cannot be denied benefit of bail. The trial is likely to take long time to conclude. The object of the jail is to secure the appearance of the accused during the trial and it can neither be punitive
3nor preventive. Deprivation of liberty has been considered as a punishment. Taking into consideration the nature of the allegations as levelled against the petitioner, the period of his custody, the fact that the co-accused from whom recovery has been effected has been extended benefit of bail and the attendant facts and circumstances, this Court is of the considered opinion that a case is made out for release of the petitioner on bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail subject to
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