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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Sanjay Yadav @ Sanju - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 22246 of 2021
Decided On : 28-07-2021
Narcotic Drugs and Psychotropic Substances Act - Regular Bail - The court granted bail to the petitioner under Section 439 of Cr.P.C. in a case involving the recovery of opium slightly higher than the commercial quantity prescribed under the Act.
Fact of the Case:
The petitioner sought regular bail in a case involving the recovery of 2.560 KG of opium from his conscious possession, which was slightly higher than the commercial quantity prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Finding of the Court:
The court granted bail to the petitioner, considering that the recovery was marginally higher than the commercial quantity, the investigation was complete, and the petitioner was not involved in any other NDPS case. The bail was subject to furnishing a local surety of R3.00 lakhs to the Chief Judicial Magistrate/Duty Magistrate concerned.
Issues: Regular bail under Section 439 of Cr.P.C. in a case involving the recovery of opium slightly higher than the commercial quantity prescribed under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Ratio Decidendi: The court considered the marginally higher recovery, completion of investigation, and lack of involvement in any other NDPS case as grounds for granting bail to the petitioner.
Final Decision: The petition for regular bail was allowed, and the petitioner was granted bail subject to furnishing a local surety of R3.00 lakhs to the Chief Judicial Magistrate/Duty Magistrate concerned.
JUDGMENT
Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition under Section 439 of Cr.P.C. seeking regular bail in FIR No.233, dated 24th October, 2020, under Section 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter 'the Act'], registered at Police Station Lohian, District Jalandhar.
3. The brief facts are that during routine checking on 24th October, 2020, the police party apprehended Sanjay Yadav @ Sanju (petitioner). 2.560 KG of opium was recovered from his conscious possession.
4. Learned counsel appearing for the petitioner submits that the recovery is slightly higher than the commercial quantity prescribed under the Act. As per the Act, the commercial quantity of opium is 2.5 Kg. He further submits that investigation is complete, challan stands presented and no recovery is to be made.
5. Ms. Monika Jalota, Deputy Advocate General, Punjab, opposes the prayer for grant of regular bail. She, on instructions from SI Sawinder Singh submits that petitioner belongs to Bihar, if enlarged on bail there are chances of his absconding. She fairly submits that petitioner is not involved in any other NDPS case.
6. Learned counsel for the petitioner at this stage submits that the petitioner is ready to furnish a local surety of R3.00 lakhs to meet the apprehension raised by learned State counsel.
7. In the present case, the recovery is marginally higher than the commercial quantity. No recovery is to be made. The investigation is complete. The conclusion of trial is likely to take time. Petitioner is not involved in any other NDPS case. The petitioner is granted bail. The bail would be subject to furnishing a local surety to the tune of R3.00 lakhs to the Chief Judicial Magistrate/Duty Magistrate concerned.
8. The petition is allowed.
9. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
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