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SATYEN VAIDYA
Aakash – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
1. Both these petitions are being decided together as these arise out of the same FIR and involve common questions of facts and law.
2. Petitioners are accused in Case FIR No.50 of 2023, dated 25.02.2023 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”), registered at Police Station Sadar Shimla, H.P.
3. Petitioners herein are husband and wife in relation. On 25.02.2023, on the basis of a secret information they were intercepted by the police party near ISBT, Shimla. Petitioner Aakash was riding motorcycle No. PB-39G-4081 and petitioner Shivani was on the pillion. The motorcycle of the petitioners was search and 7.84 grams of heroin/chitta was found wrapped in a polythene packet and placed between the visor glass and speedometer of the motorcycle. The case was registered and petitioners were arrested.
4. Petitioners have prayed for grant of bail on the ground that a little more than small quantity of heroin/chitta has allegedly been recovered from them, which does not attract the rigors of Section 37 of the NDPS Act. The investigation is already complete and no fruitful purpose shall be served by allowing the pet
Point of Law : Merely because the quantity of contraband recovered is less than commercial quantity may not by itself be sufficient to grant bail.
Bail in drug-related offences requires careful consideration of the accused's criminal history and the nature of the offence, with no entitlement to bail as a matter of right.
Bail in drug-related offences requires careful consideration of the nature of accusations, criminal history, and potential societal impact, with no automatic entitlement based on the quantity of drug....
The court ruled that bail is not a matter of right, especially for drug-related offences, and emphasized the importance of considering the accused's criminal antecedents and potential for re-offendin....
The presence of prior convictions and the nature of the crime necessitate a cautious approach to bail, emphasizing that release could pose a threat to society.
Quantity of Chitta/Heroin allegedly recovered from possession of petitioner and her companion falls within intermediate quantity and therefore rigors of Section 37 of ND&PS Act, will not be applicabl....
No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period - Conclusion of trial is likely to take considerable time.
In NDPS cases with intermediate narcotic quantity, Section 37 rigours inapplicable; regular bail granted on parity with co-accused, trial delay, and prolonged detention, upholding bail as rule absent....
Bail denied in NDPS case with intermediate contraband quantity due to accused's criminal antecedents, prior similar offences, repetition risk, and societal drug menace, rejecting parity with co-accus....
Vehicle occupants in conscious possession of intermediate heroin quantity recovered therein; bail denied despite no Section 37 rigours, considering drug menace, criminal antecedents, trafficking indi....
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