NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail
The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985."Keeping in view the fact that the petitioner has been in custody for a period of 02 years, 09 months and 14 days and the trial is likely to take time, no useful purpose would be served...
The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.
"Keeping in view the fact that the petitioner has been in custody for a period of 02 years, 09 months and 14 days and the trial is likely to take time, no useful purpose would be served by keeping the petitioner in detention any longer," Justice Alka Sarin said.
The bench was dealing with a petition under Section 439 CrPC. The accused-Petitioner was booked under Section 21 (contravention in relation to manufactured drugs and preparations), 61 (Concealing illicit drugs or substances) of NDPS Act.
The Court noted that there is no other case pending against the petitioner and he is a first-time offender. Further, out of eight prosecution witnesses only three stand examined.
The case came up as a result of alleged recovery of 'heroin' from the petitioner's house in pursuance to a statement made by him. As per the FSL Report however, the ingredient of the recovered powder was found to be Tramadol Hydrochloride.
The Court after considering the facts and circumstances of the case, concluded that the accused be released on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned.
However, it stated that the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.
Case Title : Malook Singh v. State of Punjab
Citation: 2022 LiveLaw (PH) 130