The Punjab and Haryana HC was dealing with the petition filed under Section 439 Cr.P.C. seeking regular bail in FIR, under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Kotwali, District Patiala.
On 30th January, 2021, during the routine patrolling police checked a scooter near Kalodi Gate, Patiala. Petitioner was apprehended and sixty gram of intoxicating powder was recovered from him.
Learned counsel for the petitioner submitted that it is a case of false implication. The contraband was weighed along with the polythene. Petitioner is in custody since 30th January, 2021, investigation is complete and petitioner has no criminal antecedents.
Learned State counsel opposes the prayer for grant of regular bail and submitted that recovery is of commercial quantity. However, he fairly submits that petitioner is not involved in any other case under the Act.
After the submissions made by both the parties the HC observed that “the contraband recovered was weighed along with the polythene. Taking the case at the highest utmost that the recovery is marginally higher than the limit prescribed for commercial. The investigation is complete and petitioner has no criminal antecedents he is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.”
The HC allowed the petition.
Bench: Hon'ble Mr. Justice Avneesh Jhingan
Case Title: Manish Kumar v. State of Punjab
Case Details: CRM-M-19324-2021
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