The Single Judge Bench of the Punjab and Haryana High Court, comprising Justice Jasjit Singh Bedi in the case of Imtiyaz Ahmed v. State of Punjab has expounded that the grant of interim bail to a person accused under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) on the ground of mere pregnancy of the wife is not a reason enough for the granting of interim bail to the accused under the NDPS Act.
Facts of the Case
The police received information that the two individuals (Imtiyaz Ahmed and Ishtiyak Ahmed) were loading fruits and other items from Kashmir and then travelling to Azad Mandi to collect a large quantity of intoxicant vials and injections from Delhi. The Police conducted the raid the petitioner and his co-accused were arrested and the recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup came to be effected.
Submission of the Petitioner
The Counsel on the behalf the petitioner has submitted that the petitioner has been falsely implicated in the present case and since the wife of the petitioner was in advanced stage of pregnancy. The Counsel pleaded that he may be released on interim bail being the sole breadwinner of the family as there was no one else to look after his wife.
Submission of the Respondent
The Counsel on the behalf the respondent has submitted that petitioner is one of the main accused and commercial quantity of contraband has been recovered from the petitioner and his co-accused. The first bail application of the petitioner had been ordered to be dismissed as withdrawn by this Court.
The Counsel further submitted that mere pregnancy of his wife did not entitle him to the grant of bail keeping in view the nature of allegations against him as also the fact that he was a resident of another State and was likely to abscond in case he was granted the concession of bail.
Reasoning and Decision of the Court
The Court has heard the learned counsel for the parties and expounded that the petitioner is undoubtedly one of the main accused and there is a very good possibility of the petitioner absconding from justice in case he is granted the concession of interim bail.
The Court further observed that mere pregnancy is not a reason enough for the grant of interim bail to the petitioner as the said condition is not a medical condition for which hospitalization is needed for a significant length of time.
Therefore, the Court dismissed the bail application and found no merit in the present petition.
Case Details
Case:- CWP-7865-2023
Petitioner - Imtiyaz Ahmed
Respondent - State of Punjab
Counsel for the Petitioner - Mr. S.P.S. Khaira
Counsel for the Respondent - Mr. Kirat Singh Sidhu
Judge: Justice Jasjit Singh Bedi
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