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HARPREET SINGH BRAR
Gurmeet Singh – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Harpreet Singh Brar, J.
This is the first petition under Section 439 of Cr.P.C. seeking grant of regular bail to the petitioner in the case bearing FIR No. 0034 dated 16.04.2023 registered under Section 15 of Narcotic Drugs and Psychotropic Substances Act 1985 at Police Station Sadar Rajpura, District Patiala (Punjab).
2. The present FIR was lodged on the allegations that on 16.4.2023, SI Gurmeet Singh, on receiving intimation from ASI Roshan Kumar reached at main road, opposite Jashan Hotel, Village Uppalheri, where, ASI Roshan Kumar has already stopped accused/petitioner Gurmeet Singh and co-accused Maan Singh, who came there in truck bearing No. NL02-L-0683. Thereafter, on checking of truck, from the seats of said truck, two plastic bags containing 27 Kg each of Poppy Husk i.e total 54 KG of Poppy Husk were recovered, which were taken into police possession. The accused/petitioner was arrested on 16.4.2023 and since then petitioner is in custody. The said recovery of 54 KG of Poppy Husk falls within the ambit of commercial quantity.
3. Learned counsel for the petitioner inter alia contends that the petitioner is behind the bars since 16.04.2023 and the contraband, which
The slow progress of the trial, the violation of Article 21 of the Constitution of India, and legal precedents were central to the court's decision to grant regular bail to the petitioner.
Prolonged detention without trial is unjustifiable, especially for first-time offenders when investigations are complete, allowing for bail even if the contraband quantity exceeds commercial limits.
Bail can be granted where quantity of contraband recovered from possession of accused is just above commercial quantity and trial will take time to conclude.
Courts consider recovery quantity, merits of the case, and custody period in granting bail under the NDPS Act.
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