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ALKA SARIN
Sarabjit Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Alka Sarin, J. - This is the first petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.22 dated 31.01.2021 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City 1, Sangrur, District Sangrur, Punjab. A petition for grant of interim bail (CRM- M-19777-2021) to the petitioner was dismissed vide order dated 24.05.2021.
2. As per the case of the prosecution, on 31.01.2021 the petitioner and the co-accused were apprehended at the spot and 75 intoxicant bottles of Wincriex-100 ML, Batch No.WCRX-1175, Mfd-Dec.2020, Exp-Nov.2022 were recovered from them. The FSL Report states that the contents of the intoxicant bottles recovered have been found to be of 'Codeine Phosphate'.
3. It is further the case that the quantity falls within the commercial quantity and, hence, the rigors of Section 37 of the NDPS Act would be attracted.
4. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the case. Her further contention is that the sample was received by FSL Mohali on 03.02.2021 i.e. after 3 days of the alleged recovery. Th
The delay in sending the sample to FSL Mohali and the petitioner's custody duration were considered as mitigating circumstances for granting regular bail.
The main legal point established in the judgment is that the court may grant regular bail considering the prolonged custody of the accused and the slow progress of the trial, despite the recovery of ....
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.
In cases involving intermediate quantity of contraband, the rigor of Section 37 of the NDPS Act does not apply, and bail applications should be considered under the provisions of Section 497 of the C....
The court may grant regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering factors such as prolonged custody, the likelihood of a lengthy trial, and the offender's crimin....
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's decision established that prolonged custody, slow pace of trial, and the precedent allowing bail even in the face of rigors of Section 37 of the NDPS Act can warrant the grant of regular ....
The main legal point established in the judgment is that the prosecution's failure to connect the FSL report with the alleged recovery can entitle the accused to regular bail, even in the face of str....
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