HC: For Grant of Bail Reasonable Ground has to Satisfy; Period of Custody, Charge sheet filed are not persuasive grounds ; Read Judgment

 

In, Gurbhej Singh @Bheja vs. State of Punjab, a Single Bench of Punjab & Haryana HC has held that, custody period itself alone cannot be a ground for grant of bail.  for grant of bail in cases involving commercial quantity of contraband, the Court has to satisfy itself on the reasonable ground that accused is not guilty and he is not likely to commit any offence while on bail. The twin conditions are required to be fulfilled.

Facts

As per the case set up was SI while going on a government vehicle received information that another SI has apprehended two persons with an Alto Car having no registration plate. From the search of the car, drugs & drug money was recovered. Petitioners were apprehended. At the instance of accused, additional drugs & weapons were found. 

 

In the present case, Petitioner is seeking regular bail for the offence under Sections 21, 21-C, 23, 29 of Narcotic Drugs and Psychotropic Substances act, 1985 and Section 25 of Arms Act, 1959.

Contention Made 

Petitioner: The petitioner submits that the petitioner was apprehended at night. There was no authorisation or a warrant to search the car.

Respondent: That the petitioner is involved in four more cases under the Act and he is not on bail in any of the case. Recovery at the instance of accused is of commercial quantity of Heroin and weapon.

Court Observation

 Judgment

The Single Bench of Punjab & Haryana HC, While noting the Section 37 of the Act for grant of bail in cases of involving commercial quantity observed that;

That, the Supreme Court in Narcotics Control Bureau vs Mohit Aggarwal, Crl.A. No.1001-1002 of 2022, Whereby the court held that; 

“To avail Bail under Section 37 of the Act; A person has to satisfy reasonable grounds to believe that he is not guilty of the offence alleged against him, for him to have been admitted to bail”. 

Court Judgment

The Punjab & Haryana HC, While dismissing the Bail application has held that; A reasonable ground has to be established that accused is not guilty and he is not likely to commit any offence while on bail. The twin conditions are required to be fulfilled.

The length of the period of his custody or the fact that the charge sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37of the NDPS Act. 

Case: Gurbhej Singh @Bheja vs. State of Punjab

Citation: CRM-M-52223 of 2021 (O&M)

Bench: Hon’ble Mr Justice Avneesh Jhingan 

Decided on:  1^st August, 2022. 

Read Judgment  : 

 

 

  

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