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2015 (12) TMI 1084 - PUNJAB AND HARYANA HIGH COURT

2015 (12) TMI 1084 - PUNJAB AND HARYANA HIGH COURT - TMI - Enlargement 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 .....

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e 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 .....

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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. - CRM-M-10657-2015 (O&M) - Dated:- 7-10-2015 - MR. SURYA KANT AND MR. P.B. BAJANTHRI, JJ. For The Petitioner .....

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Saddo Majra, 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 8½ 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 recove .....

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vealed that the petitioner was one of the active associate with…(Jagdish Singh @ Bhola) and other gang members…and he is also one of the member of international drug cartel . (3) The petitioner was arrested on 05.12.2013. He is said to have made a disclosure statement on 06.12.2013 and allegedly got recovered 30kg pseudoephedrine which is a controlled substance and a major precursor to manufacture the synthetic drugs like Methamphetamine (ICE). (4) The petitioner earlier moved the .....

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the network of organized cartels, approached the Hon ble Supreme Court mainly seeking their release on bail. Those petitions were CRM-M-10657-2015 -3- disposed of vide order dated 17.03.2015 relegating the aggrieved parties to approach the Division Bench of this Court 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 sudd .....

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f the NDPS Act; (v) Petitioner has been falsely implicated after he was abducted by the Punjab Police from his residence at Delhi without informing or associating Delhi Police. The incident was thereafter immediately reported to Delhi Police. (vi) The petitioner has never been implicated in any NDPS case; (vii) The petitioner is a respectable businessman who runs a banquet hall/marriage palace and is an Income Tax assessee; CRM-M-10657-2015 -4- (viii) The petitioner has already suffered incarcer .....

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rged that owing to the recovery of huge quantity of the controlled substance which is a major precursor to manufacture Methamphetamine (ICE), the accusation against the petitioner of committing offence under the NDPS Act is covered within the expansive legislative intentment behind the expression and also for offences involving commercial quantity which finds mention in Section 37(1)(b) of the NDPS Act. (8) Having heard learned counsel for the parties and on consideration of their rival submissi .....

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