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 quantity of contraband under the NDPS Act.

JUDGMENT

Vikasbahl, J. - This is a first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.0036 dated 08.03.2021 registered under Section 22(C)/61/85 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') at Police Station Sangat, District Bathinda.

2. Learned counsel for the petitioner has submitted that the petitioner is a 65 year old lady, who is suffering from severe health problems and her vision is very weak and to substantiate the same, has relied upon the medical report (Annexure P-2). It is further submitted that the petitioner was arrested on 08.03.2021 and she has been in cusody for more than last 1 year and 2 months and out of 11 prosecution witnesses, none have been examined and thus, the trial is likely to take time. It is further submitted that as per the FIR, the petitioner along with another lady were walking and on the basis of suspicion, they were apprehended and from each of them 114 grams of Alprazolam was recovered. It is stated that as per the allegations in the FIR, the petitioner was carrying the said substance in a transparent plastic bag. It is also stated that it is highly unlikely for a person who has to carry the contraband, to carry the same in a transparent polythene bag and with respect to the same, learned counsel for the petitioner has relied upon various orders passed by coordinate Benches of this Court i.e. order dated 02.08.2021 passed in CRM-M-4408-2021 titled as 'Banti Kaur @ Bhanti Kaur Vs. State of Punjab, Jaskaran Singh @ Jassu Vs. State of Punjab, reported as 2021(2) RCR (Criminal) 837, Binder Kaur @ Goga Vs. State of Punjab reported as 2021(3) RCR (Criminal) 360, and order dated 28.02.2020 passed in CRM-M-8026-2020 titled as Lakhwinder Singh @ Lakha Vs. State of Punjab.

3. Learned State counsel, on the other hand, has opposed the present petition for regular bail and has submitted that recovery of total 218 grams of Alprazolam has been effected from the petitioner and her coaccused. It is also submitted that the petitioner is involved in two other cases under the NDPS Act and thus, does not deserve the concession of bail.

4. Learned counsel for the petitioner, in rebuttal, has submitted that both the said cases under the NDPS Act, the petitioner has been granted bail and one of the said cases pertains to small quantity and other case pertains to moderate quantity. He has relied upon the judgment of Hon'ble Supreme Court in 'Maulana Mohd. Amir Rashadi vs. State of U.P. and another', reported as 2012 (2) SCC 382 to contend that the facts and circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other cases. The relevant portion of the said judgment is reproduced hereinbelow:-

'As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc."

5. This Court has heard learned counsel for the parties and has perused the record.

6. A perusal of the FIR would show that the alleged recovery which has been effected from the present petitioner is stated to have been carried by the petitioner in her hand in a transparent plastic bag. The Coordinate Bench of this Court in Banti Kaur @ Bhanti Kaur's case (supra) has held as under:-

'1. The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against her vide FIR No.191, dated 8.10.2020, Police Station Cantt Bathinda, District Bathinda, under Section 22 of NDPS Act, wherein it is alleged that the petitioner was caught red-handed while carrying a transparent plastic polythene bag which was found to contain 1000 tablets of 'Clo