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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Mehmood Ali – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The petitioners are seeking the concession of bail under Section 439 of the Cr.P.C./483 of the BNSS in case FIR No.85 dated 30.04.2024 under Sections 18B/18C/29-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') (Sections 201/211/120B of the IPC added later on) registered at Police Station Pillukhera, District Jind. The allegations against the petitioners are of allegedly procuring and thereafter planting commercial quantity of contraband i.e. 2.563 kgs of opium on three persons with whom they had some history of strained relations.
2. Learned counsel for the petitioners have vehemently argued that the petitioners have been falsely implicated in the present case. It has been contended that the initial case of the prosecution was based on a secret information received only against three persons, namely Samrej Khan, Shalim and Mehtab, and not against the petitioners. Pursuant to this secret information, these three individuals were intercepted by the police, and a recovery of 2.563 kgs of opium was allegedly effected from their possession.
3. It is submitted that at the time of their arrest, all the above three
Bail can be granted when investigation is complete and trial is unlikely to conclude in a reasonable time, especially when no contraband was recovered from the petitioner.
The court emphasized that serious charges under the NDPS Act require careful consideration, and merits should not be prejudged at the bail stage.
The court denied bail under the NDPS Act, emphasizing the serious nature of the charges and the need for pending witness statements before reconsidering bail.
The court emphasized that the seriousness of the offence and the quantity of contraband are critical in bail considerations, and procedural violations do not automatically warrant bail.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
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