TMI Blog2015 (12) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District Fatehgarh Sahib. A Qualis vehicle of white colour bearing Regd. No.PB-05-K-7070 came from the side of Village Kotla Bhai, which was stopped at the barrier. It was being driven by a young man who disclosed his name as Davinder Singh @ Happy s/o Baljit Singh. Search was conducted and 8 kg ephedrine was recovered from a polythene envelope lying in the trunk of the vehicle. Davinder Singh was arrested and during interrogation, some more incriminating material was recovered from him. Davinder Singh @ Happy revealed that he was in fact driver of Jagdish Singh @ Bhola who is alleged to be the kingpin of drug-mafia. Jagdish Singh @ Bhola was also later on arrested and during his interrogation on 03.12.2013, the name of the petitioner sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before whom the writ petitions filed in PIL jurisdiction or other connected matters are listed. (6) The petitioner seeks his release on bail on the grounds, inter alia:- (i) His name does not find mention in the FIR and he was suddenly implicated after about 8 months of its registration; (ii) The petitioner was not found in conscious possession of synthetic drug or a contraband; (iii) The petitioner has been falsely implicated on the basis of alleged confessional statement of a co-accused which is inadmissible in evidence; (iv) The alleged disclosure statement made by the petitioner also lacks legal sanctity. In any case, the alleged recovery of controlled substance pursuant to such statement does not attract Section 37 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir rival submissions for the limited purpose as to 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. (9) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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