KARAMJIT SINGH
Sukhwant Singh Alias Sukh – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Karamjit Singh, J.
Prayer is for grant of regular bail in case having FIR No.68 dated 17.04.2021 registered under Sections 22 (c) of NDPS Act at Police Station City Tarn Taran District Tarn Taran.
2. As per the allegations appearing on the record, the police apprehended the petitioner who was carrying balck polythene bag having 200 strips of Tramadol (celcidal-100 SR) each containing 10 tablets having batch No.21-A-T004 manufacturing date April, 2021 and expiry dated March, 2023 out of which 2 strips each containing 10 tablets were separated as a sample and the same was sent for analysis.
3. The counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. That no such recovery was effected from the petitioner. That as per the notice issued under Section 50 (A) NDPS Act, which was served before effecting the search of the polythene bag, the offence under Section 22 -C NDPS Act has been printed on the top of the said notice. The counsel for the petitioner submits that it is not clear how the police officials came to know as to what was there in the polythene bag held by the petitioner in his hand, before checking its contents. T
The main legal point established in the judgment is that the prosecution's failure to connect the FSL report with the alleged recovery can entitle the accused to regular bail, even in the face of str....
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.
The central legal point established in the judgment is the application of stringent conditions for bail under Section 37 of the NDPS Act, 1985, when the recovery is of commercial quantity.
: Granting regular bail based on conscious possession and satisfaction of rigors under Section 37(l)(b) NDPS Act.
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