An interim bail petition under Section 15 of the NDPS Act was allowed. The court granted regular bail after considering that the recovery was non-commercial and the petitioner was arrested after a delay, distinguishing him from a spot arrest.
Petitioner ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Hisar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-11485 of 2009 Date of decision : 18.05.2009
Vijay Pal
....Petitioner
V/s
State of Haryana
....Respondent.
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Rajesh Khandewal, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
The petitioner has sought concession of regular bail in case FIR No. 436 dated 06.06.2008 registered under Section 15 of the NDPS Act at police station Sadar Hisar, District Hisar.
Learned counsel for the petitioner submits that petitioner was not apprehended on the spot by the police and was arrested after 09 months of the registeration of the FIR. Learned counsel further submits that coaccused of the petitioner namely Kalu has already been already been enlarged on bail by this Court vide order dated 15.09.2008, Annexure P-1.
Learned counsel for the State has however, opposed the grant of bail to the petitioner on the ground that recovery alleged from the petitioner is 40 kilogram of chura post. However, counsel admits that quantity recovered from the petitioner is non-commercial in nature.
Under the circumstances, I am of the considered view that petitioner deserves to be enlarged on bail pending trial. No useful purpose would be served by incarcerating the petitioner during the pendency of the
Crl. Misc No. M-11485 of 2009
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trial. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Hisar.
18.05.2009 (RAJAN GUPTA) Ajay JUDGE
1 issue framed by the court
Whether to grant regular bail to the petitioner under Section 15 of the NDPS Act when the recovered quantity is non-commercial and the accused was arrested after non-spot apprehension.
1 provisions across 1 enactments
Vijay Pal
State of Haryana
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
