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JAGMOHAN BANSAL
Kamlesh Kumar @ Kamlesh Kumar Yadav – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner, through instant petition under Section 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is seeking regular bail in FIR No.37 dated 24.02.2023 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station GRP (Government Railway Police) Ludhiana, District Ludhiana.
2. The case of the prosecution is that on 24.02.2023, a police party of GRP Ludhiana apprehended the petitioner along with Pankaj Kumar who is a juvenile. During their search, 2.6 Kg of opium was recovered. Police after completing investigation has filed its report under Section 173 Cr.P.C against the petitioner and separate proceedings have been initiated against co-accused under Juvenile Justice (Care and Protection of Children) Act, 2015.
3. Learned counsel for the petitioner, inter alia contends that as per Schedule annexed to NDPS Act, quantity more than 2.5 Kg of opium is considered as commercial quantity. The respondent-State has intentionally shown recovery of 2.6 Kg of opium to make the alleged recovery as commercial quantity. The petitioner is in custody since 27.02.2023 and he is n
The court emphasized the right to personal liberty under Article 21, ruling that continued detention without compelling evidence is unjustified, leading to the granting of bail.
The court's decision was influenced by the provisions of Section 439 of Cr.P.C. and the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding the grant of bail in cases involving narcotic s....
The court ruled that insufficient evidence existed to attribute a commercial quantity of opium to the petitioner, allowing bail despite serious charges under the NDPS Act.
Undue delay in trial justifies granting bail, even under stringent provisions of the Narcotic Drugs and Psychotropic Substances Act.
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....
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