Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.

JUDGMENT

Mr. Anoop Chitkara, J. -

The petitioner incarcerated for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as per the FIR captioned above has come up before this Court under section 439 CrPC, 1973 seeking bail.

2. In paragraph 12 of the bail application, the accused declares the following criminal antecedents:

3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. While opposing bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls into the commercial category, and given the criminal past, the accused is likely to indulge in crime once released on bail.

5. While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles.

6. Facts of the case are being extracted from reply dated 03.12.2023. Prosecution case is that on 28.08.2022, when the Investigator along with his police party were patrolling near Bridge Sassia Wali Pulli Kapurthala, then he noticed the petitioner along with a woman. On seeing the police party, both of them perplexed and started running towards the street, however, they were chased. In the meantime, the lady threw a polythene bag in the open drain and the petitioner also took something out of his pocket and threw it. However, the police officials were able to nab both of them. The male disclosed his name as Banti @ Laddu and the female disclosed her name as Seema Devi. On checking the articles thrown by them, one polythene bag contained 260 grams of Heroin and another polythene bag contained 40 grams of Heroin.

7. I have heard counsel for the parties.

8. Petitioner seeks bail on two grounds i.e. on medical as well as on merits. On medical grounds, the petitioner's stand is that he is suffering from various medical ailments. On 20.11.2023, this Court had asked the State to ascertain the medical condition of the petitioner and to procure the medical record from the concerned Jail. In the reply dated 03.12.2023, a medical certificate from Central Jail, Kapurthala has been annexed which reads as under:-

"Office: Medical Officer, Central Jail, Kapurthala

To

The Superintendent

Central Jail, Kapurthala.

Subject: Regarding Medical Report Bunty @ Laddu son of Harbans @ Bansi, PID- 305351, UT 34 yrs (Male)

Respected Sir,

As per record, Bunty @ Laddu son of Harbans @ Bansi, PID305351, UT 34 yrs (Male) is confined in this jail. On 14.09.2023, he was referred to medicine department at civil hospital Kapurthala for his HCV treatment as per court orders, where he was examined and managed accordingly. He was prescribed oral medications. On 01.12.2023, he was examined by Jail Medical Officer. He complained of pain in left limb. He was prescribed Oral Medications. His general condition is stable and his vitals are within normal limits.

This is for your kind information.

Sd/- Medical Officer,

Central