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VIKAS BAHL
Amritpal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikasbahl, J. (Oral) - This is a first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.17 dated 27.02.2021 registered under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances, Act 1985 at Police Station Sadar Rampura, District Bathinda.
2. Learned counsel for the petitioner has submitted that in the preesnt case, the petitioner has been in custody since 27.02.2021 and challan has already been presented and there are 11 prosecution witnesses and none of them have been examined and the petitioner is not involved in any other case. It is further submitted that as per the FIR, the petitioner was stated to be holding a plastic transparent (pardarshi) bag which he had thrown on seeing the police party and had tried to run away but was apprehended by the police on the spot. Learned counsel for the petitioner has relied upon decision of a Coordinate Bench of this Court in CRM-M- 16150-2021 dated 19.07.2021 titled as Balwinder Singh Vs. State of Punjab and on judgment in CRM-M-33733-2020 dated 15.03.2021 titled as Manjit Singh Vs. State of Punjab alongwith connected matters to contend that in such a situation the question as to
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 central legal point established in the judgment is the consideration of conscious possession and the quantity of recovered contraband in granting regular bail under the NDPS Act.
: Granting regular bail based on conscious possession and satisfaction of rigors under Section 37(l)(b) NDPS Act.
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 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....
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 ....
The recovery of a commercial quantity of contraband establishes grounds to deny bail under the NDPS Act, emphasizing conscious possession principles.
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
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