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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sukhjeet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail to the petitioner in case bearing FIR No. 0127 dated 11.09.2024 under Section 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at Police Station Sadar Bathinda, District Bathinda.
2. Brief facts of the case are that on 11.09.2024 the police party was going from Bathinda via village Katar Singh Bala in connection with patrolling and checking of suspected person. When the police party reached near water works of village Katar Singh Wala, then on the right hand of road in between the Safeda trees, two persons were holding a transparent polythene envelope in their hand, and they were seen in the light of the vehicle searching something. At about 7:40 PM on the basis of suspicion the vehicle was stopped and the police party hurriedly went to these person and found that the strips of intoxicant tablets were clearly visible in the transparent polythene envelope held in their hands and at the spot ASI tried to join the private witnesses but no witness was found. Then the comp
Involvement in other criminal cases cannot be the sole ground to deny bail.
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 ruled that a co-accused's disclosure statement was inadmissible under Section 26 of the Evidence Act, emphasizing the need for careful consideration of undertrial conditions and the petitio....
The court emphasized the strict compliance with the mandatory provisions of the NDPS Act, the weight of the contraband, and the limitations imposed by Section 37 of the Act in matters of bail.
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 central legal point established in the judgment is the consideration of conscious possession of contraband and the factors influencing the grant of regular bail under the NDPS Act.
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
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