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MANISHA BATRA
Harjinder Singh @ Honey – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mrs. Manisha Batra, J.
Prayer in this petition, filed under Section 439 Cr.P.C., is for grant of regular bail to the petitioner in FIR No. 155 dated 31.05.2023, registered under Sections 18, 21(c) and 29 of the NDPS Act, 1985 at Police Station STF Mohali, District SAS Nagar.
2. Brief facts of the case relevant for the disposal of the present petition are that on 31.05.2023, the petitioner and co-accused Nanny, who were indulged in the business of selling drugs and were sitting in a car bearing registration number HR-51-AC-3157, were apprehended by a police party headed by ASI Litesh Rai and recovery of 260 grams of heroin was effected from the petitioner, whereas 255 grams of heroin was recovered from the co-accused. Thereafter, on search of the car, 500 grams of opium was recovered from a polythene bag, which was kept on the dashboard of the car. The petitioner and the co-accused were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented before the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforesaid mentioned offences. He had moved an application before t
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
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 considered the marginally higher quantity of contraband recovered and the possibility of error in the recorded weight, as well as previous judgments allowing departure from the absolute bar....
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 limitations prescribed for the grant of bail under Section 37 NDPS Act require substantially probable causes for believing that the accused is not guilty of the alleged offence.
The substantial custody of the accused, the period of trial, and the quantity of contraband in relation to commercial quantity are key factors in granting regular bail under the Narcotic Drugs and Ps....
Search and seizure - Grant of Bail - Section 43D (5) of UAPA merely provides possible ground for competent Court to refuse bail, in addition to the well settled considerations like gravity of offence....
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
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