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JASJIT SINGH BEDI
Gurprabh Singh @ Prince – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Jasjit Singh Bedi, J.
The prayer in this petition under Section 483 BNSS (The Bharatiya Nagarik Suraksha Sanhita, 2023), is for the grant of regular bail in case FIR No.0100 dated 13.09.2023 under Sections 21 /22/29/61/85 of the NDPS Act registered at Police Station Hariana, District Hoshiarpur.
2. The brief facts of the case are that Gurprabh Singh @ Prince (petitioner) came to be apprehended with 261 grams of narcotic substance, subsequently, found to contain the sale ‘Tramadol Hydrochloride’.
During the course of investigation, he disclosed that his brother- Jaskaran Singh @ Jass (since granted the concession of bail vide order dated 02.11.2023 passed by the Judge, Special Court, Hoshiarpur, Annexure P-2) had provided him the intoxicant substance for further sale.
3. The learned counsel for the petitioner contends that there is a violation of the mandatory provisions of the Act regarding the search and seizure. No independent witness of recovery was joined during the course of the recovery proceedings. Since the recovery of 261 grams of Tramadol Hydrochloride was marginally above the commercial quantity of 250 grams, the petitioner was a first-time offender, in custody
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.
The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty....
The court established that the quantity of contraband below the commercial threshold can be a significant factor in granting bail under the NDPS Act, particularly when the restrictions of Section 37 ....
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
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 emphasized the strict compliance with the mandatory provisions of the NDPS Act, the weight of the contraband, and the limitations imposed by Section 37 of the Act in matters of bail.
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