Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU, J.
Manjit Kaur - Petitioner
Versus
State of Punjab - Respondent
CRM-M No.12273 of 2018
Decided On : 18-04-2018
NDPS Act - Grant of Interim Bail - The court granted interim bail to the petitioner in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) until the receipt of the FSL report, citing a Division Bench judgment in support of the decision.
Fact of the Case:
The petitioner filed a petition for grant of regular bail under Section 439 of the Code of Criminal Procedure in a case registered under Sections 21, 25, and 29 of the NDPS Act. The petitioner sought interim bail until the receipt of the FSL report in the case.
Finding of the Court:
The court acknowledged the petitioner's custody for about three months and her gender, and noted that no other case was pending against her under the provisions of the NDPS Act. Citing a Division Bench judgment, the court granted the petitioner interim bail until the receipt of the FSL report, with a direction for her release subject to the satisfaction of the trial Court / Duty Magistrate.
Issues: Grant of interim bail in a case under the NDPS Act until the receipt of the FSL report.
Ratio Decidendi: The court relied on the Division Bench judgment to support the grant of interim bail to the petitioner until the receipt of the FSL report in the NDPS Act case, considering the petitioner's custody and the absence of pending cases against her under the NDPS Act.
Final Decision: The court disposed of the petition with a direction for the petitioner's release on interim bail, subject to the satisfaction of the trial Court / Duty Magistrate, with clarification that the interim bail would end automatically upon receipt of the report from the Chemical Examiner.
MAHABIR SINGH SINDHU, J.
1. Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.09 dated 24.01.2018, under Sections 21, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at Police Station Kamboj, District Amritsar Rural.
2. Learned counsel for the petitioner confines his prayer for granting interim bail to the petitioner till the receipt of the FSL report in above-said FIR. It is contended that the petitioner is in custody for about three months and she is a female and no other case is pending against her under the provisions of NDPS Act.
3. The above factual aspect is duly acknowledged by learned State counsel.
4. Learned counsel for the petitioner has cited the Division Bench judgment of this Court i.e. Inderjeet Singh @ Laddi and others Versus State of Punjab, 2014 (3) RCR (Criminal) 953 in support of his contention that in such an eventuality interim bail is to be granted to the accused.
5. Under the above circumstances and keeping in view the ratio of the Inderjeet Singh's case (supra) the present petition is disposed of with a direction that the petitioner be released on interim bail, subject to the satisfaction of learned trial Court / Duty Magistrate, Amritsar. It is clarified that the interim bail will come to an end automatically, the moment report from Chemical Examiner is received in the trial Court and she would be liable to surrender in the Court forthwith.
AI
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
