Back
ARUN MONGA
Sajan Singh – Appellant
Versus
State Of U. t. Chandigarh – Respondent
JUDGMENT
Arun Monga, J. (Oral). - Petitioner is before this Court seeking grant of regular bail in FIR No. 135 dated 11.07.2020 registered under Section 20 of the NDPS Act, Police Station Sector-36, Chandigarh.
2. Per prosecution, on 11.07.2020 at about 6.45 p.m., Sub Inspector Neeraj Kumar, along with fellow police officials, was on patrolling duty. When they reached near the parking of Lake, Sector-42, Chandigarh, they saw one person coming from the parking side who was carrying one yellow colouredbag in his right hand. On seeing the police party, he started walking towards the parking. On the basis of suspicion, he was apprehended. Upon checking the yellow bag, he found that something was wrapped in the newspaper. Upon opening the said newspaper, the same was found containingCharas in ball shape, flat shape and powdered form. Upon asking, the petitioner disclosed that he use to sell Charas to persons at the rate of Rs.4,000/- per 10 grams. The petitioner failed to produce any permit or license for keeping the said contraband, which was taken into possession. The said contraband, on weighing, was found to be 2 kgs 200 grams. Accordingly, accused was arrested. Investigation was car
The court may grant bail considering factors such as lack of independent witnesses, the accused's antecedents, and trial delays due to exceptional circumstances.
The recovery of a commercial quantity of contraband establishes grounds to deny bail under the NDPS Act, emphasizing conscious possession principles.
Narcotic Intoxicate - Charas - Bail Dismissed - Under Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are re....
Bail - Even in the absence of fulfillment of one of dual conditions prescribed in Section 37 of the NDPS Act, bail cannot be granted.
Point of Law : Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstance....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
