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VIKAS BAHL
Jaswant Singh @ Nanni – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - Prayer in the present petition is for grant of regular bail to the petitioner in FIR No.178 dated 29.07.2021 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act of 1985') at Police Station City South Moga, District Moga.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 29.07.2021 and the investigation is complete and challan has been presented and there are 11 prosecution witnesses, out of which, none have been examined as yet and thus, the conclusion of trial is likely to take time. It is further submitted that the petitioner is not involved in any other case. On merits, it has been argued by the learned counsel for the petitioner that as per the prosecution case, the petitioner on seeing the police party, threw a transparent polythene bag and started turning towards the street and was thereafter, apprehended. It is further argued that a perusal of report (Annexure P-3) under Section 173 of Cr.P.C. would show that the said bag had been picked up from the ground by SI Balwinder Singh. It is argued that it has been repeatedly held by C
The recovery of contraband from a transparent polythene bag raised doubts about conscious possession, and the legal principles related to bail under Section 37 of the Act of 1985 were considered in g....
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
The main legal point established in the judgment is the relevance of recovery circumstances, period of custody, and arguable points in determining bail eligibility in cases involving commercial quant....
Recovery from a thrown plastic bag raises a debatable issue of conscious possession, and the court may grant bail considering factors such as custody, pending examination of prosecution witnesses, an....
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The main legal point established in the judgment is the consideration of conscious possession, recovery of commercial quantity, and the applicability of Section 37 of the NDPS Act in granting regular....
The main legal point established in the judgment is the significance of substantial custody, likelihood of trial taking time, and debatable issues in favor of the petitioner in granting regular bail ....
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