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2020 Supreme(P&H) 1078
IN THE HIGH COURT OF PUNJAB AND HARYANA
Tejinder Singh Dhindsa, J.
Sukhminder Singh @ Sukhi - Appellant
Versus
State Of Haryana - Respondent
Criminal Miscellaneous (Main) No. 13891 of 2020
Decided On : 08-09-2020
D.N. Ganeriwala, Advocate, Saurabh Mohunta, Advocate
The non-commercial nature of the alleged recovery and the petitioner's lack of involvement in any other NDPS Act case were key factors in granting bail.
Headnote:
NDPS Act - Bail Application - The petitioner sought regular bail in a case under Section 21 of the NDPS Act. The court granted bail considering the non-commercial nature of the alleged recovery and the petitioner's lack of involvement in any other NDPS Act case.
Fact of the Case:
The petitioner sought regular bail in a case under Section 21 of the NDPS Act for the alleged possession of 50 gms. of heroin.
Finding of the Court:
The court, without making any observations on merit, held the petitioner entitled to the benefit of bail due to the non-commercial nature of the alleged recovery and the petitioner's lack of involvement in any other NDPS Act case.
Issues: The issue was whether the petitioner should be granted regular bail in a case under Section 21 of the NDPS Act.
Ratio Decidendi: The court considered the non-commercial nature of the alleged recovery and the petitioner's lack of involvement in any other NDPS Act case as grounds for granting bail.
Final Decision: The petitioner was granted bail upon furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, Sirsa.
JUDGMENT
Tejinder Singh Dhindsa, J. - This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.
2. Petitioner seeks benefit of regular bail in FIR No.77 dated 14.04.2020 under Section 21of NDPS Act, registered at police station Ding, District Sirsa.
3. Counsel for the parties have been heard.
4. During the course of arguments it has gone uncontroverted that that as per recovery memo which forms part of the challan, the alleged recovery from the conscious possession of the petitioner is of 50 gms. heroin. That apart there has been a recovery of 470 gms. of heroin from the car under the ownership of co-accused Vikas @ Vicky.
5. The alleged recovery from the petitioner would be construed as non-commercial.
6. Petitioner is not stated to be involved in any other case under the NDPS Act.
7. Trial is at the very initial stage and would take time to conclude.
8. Without making any observations on merit, petitioner is held entitled to the benefit of bail.
9. Petitioner be enlarged on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, Sirsa.
10. Disposed of.
