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AVNEESH JHINGAN
Jaswinder Singh @ Jass – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Avneesh Jhingan, J. (Oral). - Petitioner is seeking regular bail in case of FIR No.144 dated 8.11.2019, under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the Act) registered at Police Station Jhabal, District Tam Taran.
2. As per the case set up, on 8.11.2019 police received a secret information that Jaswinder Singh @ Jass (petitioner) is engaged in selling intoxicant tablets. He is bringing Narcotics from Amritsar on a motor cycle for selling it in village Jhabhal. Finding the information reliable, the information was forwarded to CPSDM, Tam Taran, who reached the spot. Nakabandi was set up, a person was seen coming on a Pulsar motor cycle and he had put a plastic bag between the petrol tank of motor cycle and his thigh. On signal from police, he tried to turn back the motor cycle but was caught. He disclosed his name as Jaswinder Singh. Sukhdev Singh son of Mukhtiar Singh was joined as a public witness. 50,000 tablets containing Tramadol salt were recovered from the petitioner.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 8th November, 2019, no prosecution witness has been examined. He further argue
The central legal point established in the judgment is the application of stringent conditions for bail under Section 37 of the NDPS Act, 1985, when the recovery is of commercial quantity.
Bail – Custody in itself will not be only consideration for grant of regular bail in NDPS cases, moreso considering quantity of recovery.
The court considered the quantity of recovery, stage of trial proceedings, and absence of pending NDPS cases against the petitioner in granting regular bail.
The limited purpose of examining bail applications under Section 37 of the NDPS Act is to focus on the availability of reasonable grounds for believing that the accused is not guilty of the offences ....
The central legal point established in the judgment is the interpretation of Section 37 of the NDPS Act, which focuses on the availability of reasonable grounds for believing that the accused is not ....
The court considered the completion of investigation, lack of criminal antecedents, and commercial quantity of the recovered substance in granting bail under Section 439 of Cr.P.C. in a case involvin....
The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty....
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
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