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2021 Supreme(P&H) 813
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Dharmender Kumar @ Dabbu - Appellant
Versus
State Of Haryana - Respondent
CRM-M-7390-2021
Decided On : 22-02-2021
Mr. Sushil Kumar Verma, Advocate for the petitioner; Mr. Deepak Bhardwaj, DAG, Haryana.
The quantity of the narcotic substance, completion of investigation, and likelihood of trial delay are key factors in determining bail eligibility under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Headnote:
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Opium - Recovery of intermediate quantity of opium from petitioner's car - Grant of bail based on non-commercial quantity, completion of investigation, and likelihood of trial taking time
Fact of the Case:
The petitioner was found with one KG of opium in his car during a police check. The petitioner sought bail, arguing that the recovery was of intermediate quantity and that he had been in custody since the incident with no other pending cases against him. The state counsel opposed the bail, stating that the recovery was not of a small quantity.
Finding of the Court:
The court granted bail to the petitioner, considering that the recovery was not of commercial quantity, the investigation was complete, no further recovery was expected, and the trial was likely to take time.
Issues: Bail application for possession of opium, determination of quantity and impact on bail eligibility
Ratio Decidendi: The court considered the quantity of opium, completion of investigation, likelihood of trial delay, and absence of other pending cases in granting bail to the petitioner.
Final Decision: The petitioner was granted bail upon furnishing surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
JUDGMENT
Avneesh Jhingan, J. (Oral) - This petition is for regular bail in FIR No. 404, dated 29th November, 2020, under Section 17-b of The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) registered at Police Station Sadar Dabwali, District Sirsa.
2. A naka was set up on 29th November, 2020. During checking an Alto Car bearing registration No. HR-26-J-2170 driven by Dharmender Kumar @ Dabbu (petitioner), was stopped. On search of car one KG opium was recovered from a transparent polythene bag, lying under the driver's seat.
3. Learned counsel for the petitioner submits that the recovery is intermediate quantity. The petitioner is behind the bars since 29th November, 2020, no recovery is to be made and no other case of similar nature is pending against him.
4. Learned State counsel opposes the prayer for grant of bail and submits that the recovery was not of a small quantity. However, he on instructions from ASI Ishwar Singh, fairly submits that the petitioner is not involved in any other case under the NDPS Act.
5. Recovery made from the petitioner is not of commercial quantity; investigation is complete; no recovery is to be made; challan has been presented and the trial is likely to take time, in such circumstances, it would not be appropriate to deny the petitioner of his personal liberty.
6. The petitioner is granted bail subject to his furnishing surety bonds to the satisfaction of the trial Court/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.
