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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KARAMJIT SINGH
Jaskaran Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Karamjit Singh, J.
Prayer in the present petition is for grant of regular bail to the petitioner in case having FIR No. 117 dated 27.6.2022 registered under Sections 15, 29 of NDPS Act and Sections 279, 336, 427 of IPC at Police Station Naggal, District Ambala.
2. The allegations in nutshell are that on receiving information regarding road side accident, the police reached the spot where a private bus was found to be involved in the accident with car bearing No.HR05-M-0098. There was no occupant in the car. During search of the car, 151 kg 180 grams of poppy husk was recovered which was lying stored in 8 plastic sacks. During investigation, it was found that the said car was owned by the present petitioner and resultantly, the petitioner was arrested on 31.10.2023.
3. Counsel appearing on behalf of the petitioner submits that the petitioner has nothing to do with the aforesaid recovery of contraband as well as car bearing No.HR05-M-0098 which was already sold by the petitioner to one Harmandeep Singh Bhangu on 25.5.2022 and possession of the vehicle was also handed over to said Harmandeep Singh Bhangu by the petitioner at the time of the said sale against proper cash receipt
The court emphasized the application of Article 21 of the Constitution and the petitioner's custody period in granting bail under the NDPS Act.
The main legal point established in the judgment is that the grant of regular bail can be influenced by the lack of evidence, delay in trial, and the petitioner's undertaking not to interfere with th....
The principle of innocence until proven guilty and the need for evidence to establish complicity were central to the court's decision to grant bail to the petitioner.
Courts consider recovery quantity, merits of the case, and custody period in granting bail under the NDPS Act.
The court considered the petitioner's prolonged custody, non-compliance with Section 50 of the NDPS Act, and the principle of parity with the co-accused as grounds for granting bail.
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