Punjab and Haryana High Court: Expressing that, State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking, Harnaresh Singh Gill, J., held that in order to curb the menace of drug trafficking the accused person are to be dealt with stringently even at the stage of granting her/him bail in NDPS Act cases involving commercial quantity.
Petitioner sought bail in a case registered under Sections 21 and 29 of the NDPS Act, 1985. The prosecution case was that 19000 intoxicating capsules ‘RIDLEY’ were recovered from the petitioner and the co-accused.
High Court stated the recovery effected in the present matter fell under the commercial quantity.
Section 37 of the NDPS Act barred the grant of bail to the accused in cases involving commercial quantity.
Another point the Court noted was that the petitioner was also involved in another case of similar nature, which had shown his tendency of committing repeated offence (s) of similar nature.
Bench denied concession of regular bail to the petitioner. [Harbhajan Singh v. State of Punjab, 2022 SCC OnLine P&H 526, decided on 14-2-2022]
Advocates before the Court:
Mr. Ritesh Pandey, Advocate, for the petitioner.
Mr. Davinder Bir Singh, DAG, Punjab.