HARKESH MANUJA
Harwinder Singh @ Hinda – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. bail application details and accusations (Para 1 , 2) |
| 2. arguments for and against bail application (Para 3 , 4) |
| 3. court's reasoning for granting bail (Para 5 , 6 , 7) |
| 4. order for bail granted (Para 8) |
Judgment
Mr. Harkesh Manuja, J.
By way of present petition filed under Section 439 CrPC, prayer has been made for grant of bail pending trial in case FIR No.152 dated 07.11.2021 registered under Sections 22 , 61 and 85 of NDPS Act, P.S. Bassi Pathana, District Fatehgarh Sahib.
2. In the present case, the allegations against petitioner are of alleged recovery of green colour plastic bag containing 1100 intoxicants loose capsules and intoxicants tablets of Tramadol Hydrochloride 100 mg total 10 strips i.e. 100 tablets.
3. Learned counsel for petitioner submits that the petitioner was arrested in the aforementioned FIR on 07.11.2021 and thereafter granted interim bail vide order dated 01.02.2022, awaiting the report of FSL, however, the petitioner failed to appear before trial Court and was thereafter again arrested on 09.09.2022 and since then he is behind the bars. Learned counsel also submits that challan in the present case was filed way back on 08.08.2022, however, c
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.
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.
: Granting regular bail based on conscious possession and satisfaction of rigors under Section 37(l)(b) NDPS Act.
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