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2015 (12) TMI 1084 - HC - Indian LawsEnlargement on bail in FIR of NDPS Act, 420,467,468,471 IPC at Police State Fatehgarh Sahib - Held that:- Whether or not the petitioner deserves the concession of bail, it appears to us that even in a case where two views are possible, the judicial discretion should tilt towards the liberty of a suspect not only because of the ‘bail as a rule or jail as an exception’ but also in view of Article 21 of the Constitution which guarantees the one’s liberty. Keeping such preface behind, we are of the considered view that the petitioner deserves the concession of bail for the reasons that – (i) the petitioner is neither found involved in any other case under the NDPS Act nor has he a track record of involvement under other penal laws; (ii) there is no likelihood of his tampering with the prosecution evidence as the two witnesses of his disclosure statement are police officials only; (iii) the mere recovery of a controlled substance would fall short of attracting Section 37(1)(b)(ii) unless a definite chain to link the culmination of such controlled substance into conversion of a synthetic drug of ‘commercial quantity’ is established; (iv) the applicability of rigors of the aforesaid provision in the instant case is thus a debatable issue; (v) the allegation of the petitioner as a conduit of ‘international cartel’ of drug racketeers is truly serious and cannot be overlooked save that the prosecution is able to lay its hands to any such evidence; (vi) no sooner such evidence is recovered, the prosecution would be well within its right to seek the cancellation of bail keeping in view the enormity of the offence; (vii) the petitioner is incarcerated from last about 2 years; (viii) the petitioner’s name surfaced only in the alleged confessional statement of Jagdish Singh @ Bhola. The veracity of that statement is yet to be tested by the Special Court; (ix) the trial period is also unpredictable due to involvement of several persons. For the reasons afore-stated and without expressing any views on merits, we allow this petition and direct to release the petitioner on bail subject to his furnishing bail bonds to the satisfaction of CJM concerned where the petitioner is presently lodged.
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