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SATYEN VAIDYA
RAJENDER KUMAR S/O SH. KHUB RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
ORDER :
1. Petitioner is an accused in case registered vide FIR No. 147 of 2021 dated 23.11.2021 at Police Station, BSL Colony, Sundernagar, District Mandi, H.P. under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short , “NDPS Act”).
2. Petitioner was arrested on 23.11.2021 and remained in police custody till 26.11.2021, where after, petitioner is in judicial custody till date.
3. The case of respondent is that on 23.11.2021, car bearing No.HP-31C-7010 was apprehended at Police Naka on road leading from Rohanda to Pandar within the jurisdiction of Police Sation, BSL Colony, Sundernagar, District Mandi, H.P. Three persons including petitioner were occupying the car. Petitioner was sitting on rear seat. Suspicion was entertained from the conduct of occupants of the car. On checking a bag was found on the footmat in front of the front passenger seat of the car. 2 kg. 840 grams of Charas was found from the bag. Case was registered. All the occupants of the car were arrested. As per police case, the contraband had been produced by accused Bhagat Ram. Petitioner and other accused Jagdish Kumar had promised Bhagat Ram to help them in selling the contrab
Bail - Even in the absence of fulfillment of one of dual conditions prescribed in Section 37 of the NDPS Act, bail cannot be granted.
Prolonged incarceration may override the statutory embargo created under Section 37 of the NDPS Act, leading to the grant of bail in certain cases.
Point of Law : In face of mandate of Section 37 of the NDPS Act, High Court could not and ought not to have released accused therein on bail in view of the fact that large quantity of contraband was ....
Undue delay in trial, in appropriate cases, can be a reason to release an accused of offence involving commercial quantity under ND&PS Act.
The court may grant bail considering factors such as lack of independent witnesses, the accused's antecedents, and trial delays due to exceptional circumstances.
The main legal point established is the interpretation of the quantity of contraband as per the NDPS Act and its impact on the eligibility for bail.
The prima-facie involvement of petitioner in the dangerous trade of contraband cannot be ignored merely on account of the fact that he has no past criminal history. It cannot be guaranteed that there....
The weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.
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