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MANJARI NEHRU KAUL
Amarjit Singh @ Ambi – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. bail application for the petitioner under ndps act. (Para 1) |
| 2. arguments for bail based on chance recovery. (Para 2) |
| 3. state's opposition based on co-accused's involvement. (Para 3) |
| 4. court's decision on bail considering custody duration. (Para 4 , 5) |
| 5. conditions attached to bailed petitioner. (Para 6) |
JUDGMENT
Mrs. Manjari Nehru Kaul, J. (Oral)
The petitioner is seeking the concession of bail under Section 439 Cr.P.C. in case FIR No.0067 dated 08.04.2022 under Sections 21 (C)/61/85 of the NDPS Act registered at Police Station Special Task Force (STF Wing), SAS Nagar Mohali.
2. Learned counsel for the petitioner inter alia contends that in a case of chance recovery, 600 grams of Heroin was allegedly recovered from near the gearbox of the car, which was being driven and owned by co-accused Baljit Singh. She submits that though charges were framed way back on 14.09.2022, none of the 26 prosecution witnesses cited had been examined. It has also been submitted that the petitioner was in no way linked to the alleged recovery and was merely travelling and had no inkling that the co-accused was carrying the recovered contraband as he had merely taken a lift with him. She
Bail can be granted when investigation is complete and trial is unlikely to conclude in a reasonable time, especially when no contraband was recovered from the petitioner.
The court considered the quantity of contraband, lack of recovery from the petitioner, and delay in trial as grounds for granting bail.
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
The court can consider the grant of bail in NDPS cases despite possession of commercial quantity of contraband, based on substantial custody period and delay in trial.
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
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