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IN THE HIGH COURT OF PUNJAB AND HARYANA
Vivek Puri, J.
Amar Chand - Appellant
Versus
State Of Punjab - Respondent
CRM-M-48779-2019
Decided On : 03-02-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Less than commercial quantity - Regular bail granted
Fact of the Case:
The petitioner sought regular bail in a case registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, involving the recovery of heroin and currency notes from his possession.
Finding of the Court:
The court found that the quantity of contraband recovered fell below the commercial quantity, and the stringent provisions of section 37 of the NDPS Act did not apply. The petitioner had not been convicted in two other cases registered against him, and his custodial interrogation was over. Considering the likely time for trial conclusion, the court granted the petitioner regular bail without expressing any opinion on the case's merits.
Issues: Bail application in a case involving possession of contraband below commercial quantity under the NDPS Act.
Ratio Decidendi: The court considered the quantity of contraband, the petitioner's custodial status, and the likely trial duration in granting regular bail without expressing any opinion on the case's merits.
Final Decision: The petition for regular bail was allowed, and the petitioner was ordered to be released on regular bail upon furnishing requisite bail bonds/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.
JUDGMENT
Vivek Puri, J. (Oral) - Petitioner has prayed for grant of regular bail in case FIR No. 123 dated 28.09.2019 registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Basti Bawa Khel, District Jalandhar.
2. Copies of the bail orders in other cases have been placed on record.
3. Briefly, the FIR has been registered on the allegations that on 28.9.2019, 55 gms of heroin along with currency notes amounting to Rs.71,000/- were recovered from the possession of the petitioner. On the last date of hearing, it was pointed out that two more cases under the NDPS Act have been registered against the petitioner. Copies of the bail orders, placed on record, indicate that in case FIR bearing No. 146 dated 17.8.2018, under Section 21 of NDPS Act, 1985 registered at Police Station Division No.2, Jalandhar, it was a case of recovery of 2 gms of heroin. The other case FIR bearing No. 57 dated 04.05.2017, under Section 27 of NDPS Act, 1985, registered at Police Station Division No.2, Jalandhar, no recovery was effected from the petitioner. In both the other cases, petitioner is on bail.
4. It has been conceded that petitioner has not been convicted in other two cases registered against him.
5. The quantity of contraband recovered from the possession of the petitioner falls in the category of less than commercial quantity. As such, the stringent provisions of section 37 of NDPS Act do not come into play. He is in custody since 28.9.2019. His custodial interrogation is over and he in judicial custody.
6. Considering the above and the fact that the presentation of challan and conclusion of trial is likely to consume some time, further detention of the petitioner may not be justified. Therefore, without making any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.
7. The petition is allowed.
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