The recovery of 'non-commercial' quantity of contraband and the prescribed period for presenting the 'challan' under the NDPS Act are crucial in determining eligibility for default bail.

JUDGMENT

Gurvinder Singh Gill. J. (Oral) - The petitioner has filed this petition seeking grant of default bail in a case registered against him vide FIR No.162 dated 11.9.2019 under Sections 22 & 29 of NDPS Act at Police Station City Dhuri, District Sangrur under Section 482 Cr.P.C. read with Section 167(2) Cr.P.C.

2. It is the case of prosecution that a secret information was received by the police that one Jaswinder Kaur @ Kaushalaya was indulging in sale of intoxicant tablets/capsules after purchasing the same from the petitioner-Raju Singh. Pursuant to receipt of said information aforesaid Jaswinder Kaur @ Kaushalaya was apprehended and was found in possession of 10 tablets of 'tramadol" apart from 180 loose tablets. Upon chemical examination of the tablets, the same were found to contain 'tramadol'. The 'tramadol' tablets were found to weigh an average of 408 milligrams while loose tablets were found to weigh as 407 milligrams. In other words, total weight of the recovered contraband would be 77.26 grams.

3. It is not disputed that the aforesaid recovered quantity of 77.26 grams would fall within the quantitative limits of 'non-commercial' quantity.

4. Learned counsel for the petitioner submits that since it is a case of recovery of non-commercial quantity, the prosecution was required to present the 'challan' within 60 days whereas it was submitted after delay of one month.

5. The aforesaid position is not disputed by learned State counsel, who has however submitted that it was only pursuant to receipt of report of Chemical Examiner that it came to be known that it was a case of recovery of "non-commercial" quantity of contraband. He has further opposed the petitioner while submitting that the petitioner is involved in 13 other cases.

6. Having considered the rival submissions addressed before this Court and bearing in mind that it is a case of recovery of "non-commercial" quantity of contraband and that the 'challari' was presented beyond prescribed period of 60 days, the petition merits acceptance and is hereby accepted and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.