P&H: Allowed 4th Bail application in NDPS case after 2 Years 4 Months In Custody- 262 grams of Tramadol Hydrochloride - Says Delay of Trial Can Override Embargo of S.37 of NDPS

punjab-haryana
⚖️ Order Date: N/A
Headnotes

Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 22, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, S.483, Criminal Procedure Code, 1973, S.436-A - Bail - Contraband -  Commercial quantity - Prolonged incarceration and inordinate delay in trial justify grant of bail - Constitutional mandate of Art.21 of Constitution and imperative of...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Successive bail applications - Accused has a right to make successive applications for grant of bail - Court while entertaining a subsequent application must consider reasons for earlier rejection and record fresh grounds. (Para 6)  

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Successive bail applications - Prolonged detention constitutes a drastic change in circumstances furnishing a fresh ground to seek bail. (Para 10) 

Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 22, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Contraband - Delay in trial - No prosecution witness examined and trial not likely to conclude in near future - Continued detention not likely to serve any fruitful...

Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 22, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Contraband  - Quantity marginally above commercial quantity attracts S.37 of NDPS Act yet in view of prolonged incarceration and stagnation of trial, liberty concerns prevail for purposes of bail -...


Facts of the Case

P&H: Allowed 4th Bail application in NDPS case after 2 Years 4 Months In Custody- 262 grams of Tramadol Hydrochloride - Says Delay of Trial Can Override Embargo of S.37 of NDPS

High Court has granted regular bail in an NDPS case after noting his incarceration for over two years and four months with no prosecution witness examined so far Court allowed fourth bail petition under Section 483 BNSS for offences under Ss. 22 and 29 of the NDPS Act.

According to the prosecution, 262 grams of Tramadol Hydrochloride was recovered from the petitioner, a quantity marginally above the commercial threshold, thus attracting the rigors of Section 37 NDPS Act. State opposed bail citing gravity, the statutory embargo, and the fact that it was a successive application.

The Court recorded that successive bail...

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