SATYEN VAIDYA
Lal Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 77 of 2021, dated 19.12.2022, registered under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘NDPS’ Act), at Police Station Sainj, District Kullu, H.P. Petitioner is in custody since 22.12.2021.
2. Brief facts necessary for adjudication of the petition are that on the basis of a prior information police apprehended a vehicle No. HP01M2710 being towed by recovery van No. HP675034 on 19.12.2021 at about 12.00 noon. 6 kilograms 48 grams of charas was recovered from the vehicle. Case was registered. During investigation, it was found that the contraband belonged to accused Kumar Chand and accused Surajmani. Both the accused were arrested. During investigation, accused Kumar Chand disclosed that the charas was purchased from petitioner. Statement of accused Kumar Chand under Section 27 of Evidence Act was recorded and said accused is stated to have identified the place where he had taken delivery of contraband from petitioner.
3. On the basis of statement of coaccused, petitioner was arrested on 22.12.2021. As per the case of police, petitioner suffered a statement under Section
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.
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....
No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.
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.
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.
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....
No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period - Conclusion of trial is likely to take considerable time.
(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....
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