P&H: Recovery of 255 grams of Tramadol Hydrochloride, Recovery marginally above the threshold - Grants Bail To NDPS Accused

punjab-haryana
⚖️ Order Date: N/A
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483, Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.21, 22, 29, 27, 37, 61, 85, Constitution of India, Art.21— Bail — Recovery of 255 grams of Tramadol Hydrochloride — Custody of 1 year 1 month and 7 days —  Challan...

Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 — Recovery of 255 grams of Tramadol Hydrochloride — Court notes alleged recovery marginally above the threshold — Refers to coordinate Bench decisions granting bail where recovery was only slightly more than the notified benchmark for commercial...


Facts of the Case

P&H: Recovery of 255 grams of Tramadol Hydrochloride, Recovery marginally above the threshold - Grants Bail To NDPS Accused

The Punjab and Haryana High Court has granted regular bail to an accused in an NDPS case involving alleged recovery of 255 grams of Tramadol Hydrochloride, noting that the trial has not begun despite over a year of custody and that continued detention would offend Article 21’s guarantee of personal liberty.

The petitioner sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in an FIR registered under Sections 21, 22 and 29 of the NDPS Act (Sections 27/61/85 later added). It was argued that the petitioner was falsely implicated, that mandatory NDPS safeguards were not followed, and...

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