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JASJIT SINGH BEDI
Ladwinder Singh @ Laddi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.60 dated 26.04.2022 under Sections 18-C of the NDPS Act registered at Police Station Sangat, District Bathinda.
2. The brief facts of the case are that while the police party was on patrolling duty a white coloured car came from Dabwali side. It was signalled to stop for checking. There were two persons in the car. The driver of the car disclosed his name as Ladwinder Singh @ Laddi (petitioner) and the persons sitting on the conductor seat disclosed his name as Badal Singh @ Bagi. One black coloured polythene was seen lying between both of them near the hand brake. On the search and seizure of the same, after following the proper procedure as envisaged under the NDPS Act, it was found to contain 2 kgs. 700 grams of opium.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case by the police officials. In fact, the petitioner was working with CIA Staff-I, Bathinda as an informer. The recovery has been planted upon the petitioner after mixing the Bourn Vita, ot
The Court can relax the provisions of Section 37 of the NDPS Act and consider the grant of bail for a first time offender with a recovery marginally above the commercial quantity.
The main legal point established in the judgment is that the recovery of contraband from each accused should be considered individually, not collectively, and the categorization of the quantity of co....
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
The stringent provisions of Section 37 of the NDPS Act and the evidence connecting the petitioner to his co-accused influenced the court's decision in dismissing the petition for regular bail.
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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