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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KARAMJIT SINGH
Balbir Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Karamjit Singh, J.
Prayer in the present petition is for grant of regular bail to the petitioner in case having FIR No. 132 dated 28.6.2024 registered under Sections 21-c, 25, 27-a, 29 of NDPS Act at Police Station Lopoke, Amritsar Rural.
2. The allegations in brief are that on 28.6.2024, the police apprehended the petitioner who was sitting on the pillion seat of the motorcycle driven by his son Akashdeep Singh. At the same time, the police also apprehended two other persons namely Philips and Jobanjit Singh who were riding on a Activa. On checking, the police recovered 2KG of Heroin which Akashdeep Singh was carrying a polythene bag held by him in his left hand. However, no contraband or any other incriminating article was recovered from the present petitioner. The police also recovered drug money worth Rs. 30,000/- from co-accused Philips who was travelling on a Activa scooter.
3. Counsel for the petitioner submits that the petitioner is falsely implicated in the present case and is behind bars for the last more than 9 months and is not involved in any other criminal case and further, during investigation, no contraband was recovered from conscious possession of the petit
The court considered the substantial period of detention, lack of involvement in previous NDPS Act cases, and the slow progress of the trial as grounds for granting bail to the petitioner.
The main legal point established in the judgment is the court's discretion to grant regular bail based on the stage of the trial and the circumstances arising out of the COVID-19 pandemic.
The court considered the debatable complicity of the petitioner, the non-commercial nature of the alleged recovery, and the prolonged custody of the petitioner in granting bail under Section 439 Cr.P....
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