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2021 Supreme(P&H) 1244
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Bano - Appellant
Versus
State Of UT Chandigarh - Respondent
CRM M No. 21534 of 2021
Decided On : 22-07-2021
Ashish Aggarwal, Advocate, Abhinav Gupta, Advocate
: Granting bail under NDPS Act based on non-commercial quantity recovery and completion of investigation.
Headnote:NDPS Act - Bail - Section 21 of NDPS Act, 1985 - The court granted bail to the petitioner under Section 21 of the NDPS Act, 1985, considering the non-commercial quantity of smack recovered from her and the completion of investigation with the presentation of challan. The court emphasized that the recovery was for personal use and took into account the petitioner's previous cases involving non-commercial quantity recoveries.
Fact of the Case:
The petitioner sought regular bail in a case involving the recovery of a non-commercial quantity of smack from her.Finding of the Court:
The court granted bail to the petitioner based on the non-commercial nature of the recovery and completion of investigation.Issues:
Bail application in a case under Section 21 of NDPS Act, 1985.Ratio Decidendi:
Granting bail based on non-commercial quantity recovery and completion of investigation.Final Decision:
The petition for bail was allowed, with observations made not to be construed as an expression of opinion on the merits of the case.JUDGMENT
Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition for grant of regular bail in case of FIR No. 45 dated 4.4.2021, under Section 21 of NDPS Act, 1985, registered at Police Station West, Sector 11, Chandigarh.
3. The police party during routine patrolling on 4.4.2021 checked Bano (petitioner) and transparent polythene bag was found from her in which 9 grams of smack was recovered.
4. Learned counsel for the petitioner submits that the recovery from the petitioner is of non-commercial quantity. Smack was for her personal use. No further recovery is to be effected.
5. Learned counsel for UT Chandigarh on instructions from SI Malkiat Singh submits that there are 14 more cases involving petitioner. She has been acquitted in six cases, in seven cases was convicted and in one case she is under trial. He submits that challan stands presented on 1.6.2021.
6. Recovery from the petitioner was of non-commercial quantity. Investigation is complete and challan stands presented. Conclusion of trial is likely to take time. In earlier cases, the recovery was of non-commercial quantity. Considering the facts and circumstances of the case in totality, the petitioner is granted bail on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petition is allowed.
8. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
