P&H: Grants Bail To Two Youths In NDPS Case, Cites 14-Month Custody And Slow Trial despite recovery ‘Marginally Above’ Commercial Quantity

punjab-haryana
⚖️ Order Date: N/A
Headnotes

Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.22(b), 22(c) — Contraband - Quantity of contraband - FSL report showed Diphenoxylate Hydrochloride with average 63 mg per tablet - 1200 tablets allegedly recovered from petitioners weighed 75.600 grams, characterized as marginally above commercial quantity threshold. (Para 8)

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483, Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.22(b), 22(c) — Bail - Contraband - Commercial quantity — Recovery being marginally above commercial quantity - However, prolonged custody of more than 1 year and 2 months, youth of petitioners, clean antecedents and slow...

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Facts of the Case

P&H: Grants Bail To Two Youths In NDPS Case, Cites 14-Month Custody And Slow Trial despite recovery ‘Marginally Above’ Commercial Quantity

High Court has granted regular bail to two young accused in an NDPS case, noting their prolonged incarceration of over 14 months, clean antecedents, and the slow pace of trial. 

The case arises from an FIR in which police intercepted two motorcycles allegedly carrying four persons and recovered a total of 2,400 Lomotil tablets. From the motorcycle ridden by petitioners 1,200 tablets were allegedly seized.

Counsel for the petitioners argued that neither accused had any prior involvement in similar offences and that they had been in custody for more than one year and two months while the trial made little progress. The...

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