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KARAMJIT SINGH
Kulwinder Singh @ Kindri – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Karamjit Singh, J. -
CRM-48419-2022
Disposed of as not pressed.
Main case
1. Prayer in the present petition under Section 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.53 dated 16.4.2020 registered for the offences punishable under Sections 22 of NDPS Act (Section 27-A of NDPS Act added later on) at Police Station Raman, Bathinda, District Bathinda.
2. The allegations in nutshell are that 1200 tablets Clovidol100 SR were recovered from the possession of the petitioner by the police on 16.4.2020. As per report of FSL, the said contraband falls under commercial quantity as per provisions of the NDPS Act.
3. Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody for the last about 2 years and 9 months but the trial is not progressing ahead and further submits that as per custody certificate furnished by the State counsel, the petitioner is shown to be involved in two other cases under NDPS Act; that however, the petitioner is enlarged on bail in both the said two criminal cases as is evident from Annexures P-3 and P-4. He has further submitted that it will take consid
Bail under the NDPS Act can only be granted if there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offense while on bail.
Recovery of contraband in commercial quantities triggers stringent provisions of the NDPS Act and may impact the grant of bail.
In granting bail, the court considered the nature and quantity of the contraband, the custodial period of the petitioner, and the possibility of witness tampering.
The substantial custody of the accused, the period of trial, and the quantity of contraband in relation to commercial quantity are key factors in granting regular bail under the Narcotic Drugs and Ps....
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