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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Dharminder Singh @ Tunda – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. The instant one is the second petition that has been filed by the petitioner under Section 439 of Cr.P.C. seeking grant of regular bail in case bearing FIR No. 120 dated 08.07.2023, registered under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Nehianwala, District Bathinda.
2. Brief facts of the case relevant for the disposal of the present petition are that on 07.07.2023, on the basis of suspicion, the petitioner was apprehended by the police party when he was sitting under a street light and was having a transparent plastic polythene bag. Personal search of the petitioner as well as search of the said polythene bag was conducted and recovery of 480 tablets of Alprazolam and 1800 tablets of Lomotil (having salt of diphenoxylate/atropine) was effected from the said polythene bag. Since the petitioner could not produce any license or permit to keep in his possession the recovered drugs, he was formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented in the Court on 03.01.2024 and presently, the petitioner is facing t
The central legal point established in the judgment is the consideration of conscious possession and the quantity of recovered contraband in granting regular bail under the NDPS Act.
The recovery of contraband from a transparent polythene bag raised doubts about conscious possession, and the legal principles related to bail under Section 37 of the Act of 1985 were considered in g....
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
The recovery of a commercial quantity of contraband establishes grounds to deny bail under the NDPS Act, emphasizing conscious possession principles.
The court held that the substantial quantity of drugs recovered invoked the strict provisions of the NDPS Act, justifying the denial of bail.
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 central legal point established is that the recovery of contraband from the possession of the accused is a crucial factor in determining the grant of regular bail under the NDPS Act.
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