Back
SATYEN VAIDYA
Sandeep Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner has approached this Court for grant of bail in case FIR No. 171/2022, dated 24.11.2022, registered under Sections 21 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘ND&PS’ Act), at Police Station Dhalli, District Shimla, H.P
2. Petitioner is in custody since 24.11.2022.
3. Brief facts necessary for adjudication of the petition are that on 24.11.2022, a police party had laid ‘Nakka’ near Chhrabra, within the jurisdiction of police Dhalli. They received a secret information that one Car No. HP-95-2257 (Alto) was on way from Chandigarh to Rampur with two persons namely Anuj Sirkek and Sandeep travelling therein and in case, the vehicle was searched Chitta/Heroin could be recovered. Proceedings under Section 42(2) of ND&PS, Act, were drawn and information was sent to the Supervising Officer, Police Station Dhallli. At about 9:00 am, two independent witnesses were associated. Car No. HP-95-2257 (Alto) was noticed by the police party at 9:30 am with two persons occupying the same. The vehicle was stopped. Accused Anuj Sirkek was on the wheel and petitioner was occupying the front passenger seat. The vehicle was searched. 10.54
No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period - Conclusion of trial is likely to take considerable time.
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.
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.
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.
Point of Law : Contraband recovered in the case is intermediate quantity and hence, rigors of Section 37 of the NDPS Act will not be applicable.
Point of Law : Contraband recovered in the case is intermediate quantity and hence, rigors of Section 37 of the NDPS Act will not be applicable.
Point of Law : It is trite law that successive regular bail application under Section 439 of Cr.P.C. can be maintained only if there are changed circumstances and such changed circumstances warrant t....
No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.
Point of Law : Grant of Bail - Considering the age of the petitioner, i.e. 22 years, the recovered quantity of the contraband, i.e., 28 grams (with packets), the petitioner is neither in a position t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
