HARPREET SINGH BRAR
Harjeet Singh Alias Sonu – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Harpreet Singh Brar, J.
This is the first petition filed under Section 439 of Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.151 dated 16.07.2022 registered under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Kotwali Patiala, District Patiala, Punjab.
2. The present FIR was lodged on the allegations that on 16.07.2022, the police party headed by SI Mewa Singh was patrolling in the area of Dhobi Ghat, Patiala and 2.6 kilograms of Opium was recovered from the polythene envelope thrown by the petitioner.
3. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case. None of the safeguards as provided under the NDPS Act have been adhered to and the petitioner is behind the bars since 16.07.2022. The trial of the case is progressing at snail’s pace and the alleged recovery of contraband from the petitioner is marginally higher than the commercial quantity. Reliance in this regard has been placed in the case of Ranjit Singh @ Ranjit Kumar Vs. State of Punjab bearing CRM-M No.57485 of 2022 decided on 10.01.2023. The petitioner therein was g
The slow progress of the trial, violation of the petitioner's rights under Article 21 of the Constitution of India, and the marginal quantity of opium recovered influenced the court's decision to gra....
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 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.
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