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SATYEN VAIDYA
Nihal Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
1. By way of instant petition, petitioner has prayed for grant of pre-arrest bail in case FIR No. 18 of 2022 dated 13.3.2022, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act (for short “the Act) at Police Station, Kandaghat, District Solan, H.P.
2. The petitioner was admitted to interim bail on 7.12.2022, whereater he has joined the investigation.
3. Brief facts necessary for adjudication of petition are that as per police case, during intervening night of 12.3.2022/13.3.2022 at about 1.10 p.m. police patrol party recovered 744 grams of charas from one Mandeep Kumar, son of Sh. Puran Chand near Kandaghat, District Solan, H.P. The said Mandeep Kumar was arrested after registration of the case and during his interrogation, it was discovered that the contraband was sold to Mandeep Kumar by petitioner in the instant case.
4. During investigation, police found the exchange of mobile phone calls from the mobile of Mandeep Kumar with Mobile No. 787692-20527 and such number was found to have been issued in the name of wife of petitioner. Mandeep Kumar also allegedly disclosed to the police that he had withdrawn Rs. 20,000/- f
Merely because police has found some evidence of withdraw of money by Mandeep Kumar from ATM at Anni is not sufficient to infer that money was paid to petitioner - Exchange of phone calls is a subjec....
(1) 510 gms of “Charas” – No Recovery of contraband – The quantity of contraband involved in the case is intermediate, hence the rigors of Section 37 of the NDPS Act are not applicable.(2) SIM card i....
Point of Law : . There is no material against the petitioner to suggest that he will again indulge in similar criminal activities, if released on bail.
No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.
Since there is no past criminal history, relating to his involvement in cases under NDPS Act. There is no material against the petitioner to suggest that he will again indulge in similar criminal act....
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....
Drug abuse has become serious hazard to social and economic development.
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 weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
The inadmissibility of confessional statements recorded under Section 67 of the NDPS Act and the requirement of prima facie evidence for granting bail in NDPS Act cases.
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