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HARPREET SINGH BRAR
Jagir Kaur @ Billo – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Prayer in this petition filed under Section 439 Cr.P.C., is for grant of regular bail to the petitioner in FIR No.0090 dated 11.07.2024 registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’) IPC at Police Station Subhanpur, District Kapurthala.
2. As per the allegations in the FIR, on 11.07.2024, a group of police officers, including ASI Devinder Singh, ASI/LR Kulwinder Singh, CT Prabhjot Singh, CT Tajinder Singh, L/Sct Suman Kumari, and PHG Manjot Singh, were patrolling in village Lakhana Khole with a laptop printer. Upon reaching the area, a woman on seeing the police party became perplexed and thrown a plastic bag. Thereafter, the police party stopped her, identified themselves, and inquired about the contents of the bag. Thereafter, Jagir Kaur admitted that the bag contained intoxicants, including heroin. The police party then proceeded to search the bag, and recovery of 5 grams of heroin and 26.26 grams of another intoxicating substance was effected. The substances were weighed, sealed, and labeled accordingly. Jagir Kaur was arrested and the FIR (supra) was registered.
3. Learned
The court emphasized the preservation of rights under Article 21, allowing bail for offenses with less than commercial quantities when trial delays occur and no witnesses have been examined.
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
Prolonged detention without trial is unjustifiable, especially for first-time offenders when investigations are complete, allowing for bail even if the contraband quantity exceeds commercial limits.
The court may allow a departure from the bar under Section 37 of the NDPS Act based on the circumstances of the case and the absence of indications that the accused may repeat the offense, abscond, o....
Undue delay in trial justifies granting bail, even under stringent provisions of the Narcotic Drugs and Psychotropic Substances Act.
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