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2014 Supreme(SC) 1220
SUPREME COURT OF INDIA
A.K. Patnaik, Fakkir Mohamed Ibrahim Kalifulla, JJ.
Deepak Monga - Petitioner
Versus
State of Haryana - Respondent
Petition(s) for Special Leave to Appeal (Crl.) No. 9170 of 2013
Decided On : 17-04-2014
For the Petitioner:Suvir Sidhu, A. Tewari, Eliza Bar and Pal Singh, Advocates.
For the Respondent:Manjit Singh, AAG, Vivekta Singh, Nupur Chaudhary, Tarjit Singh Chikkara and Kamal Mohan Gupta, Advocates.
The court's decision was influenced by the interpretation of the NDPS Act and the peculiar facts of the case, leading to the grant of bail to the appellant.
Headnote:
NDPS Act - Bail - The court granted bail to the appellant based on the peculiar facts of the case, including the cancellation of the appellant's drug license and the pendency of a statutory appeal. The court held that the appellant had not committed any offence under the NDPS Act and should be released on bail to the satisfaction of the trial court.
Fact of the Case:
The appellant, who had a drug license for running a chemist shop, had his license cancelled. During the pendency of his appeal, some medicines alleged to contain narcotic substances were found.
Finding of the Court:
The court found that the appellant had not committed any offence under the NDPS Act and granted bail, setting aside the order of the High Court rejecting regular bail.
Issues: Cancellation of drug license, alleged presence of narcotic substances, rejection of regular bail
Ratio Decidendi: The court's prima facie opinion was that the appellant had not committed any offence under the NDPS Act, considering the peculiar facts of the case.
Final Decision: The court allowed the appeal, set aside the order of the High Court rejecting regular bail, and directed the appellant's release on bail to the satisfaction of the trial court.
ORDER :
A.K. Patnaik, J.
Leave granted.
2. We have heard the learned counsel for the parties.
3. Considering the peculiar facts that the appellant had a drug licence for running a chemist shop and that his drug licence was cancelled and he had filed a statutory appeal and during the pendency of the appeal some medicines were found which were alleged to be containing narcotic substances, we are of the prima facie opinion that the appellant has not committed any offence under the NDPS Act and this is a fit case in which the appellant should be released on bail to the satisfaction of the trial court.
4. We, accordingly, allow the appeal, set aside the order of the High Court rejecting regular bail and direct that the appellant shall be released on bail to the satisfaction of the trial court in the connection with FIR No. 286 dated 10 July, 2012 lodged in P.S. City Mandi Dabwali, Sirsa, Haryana under Sections 21 and 22 of the NDPS Act. We make it clear that our aforesaid prima facie opinion will not influence the trial court in the trial.
