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TMI Blog2020 (12) TMI 1397X X X X Extracts X X X X X X X X Extracts X X X X ..... f contraband recovered from the possession of the petitioner does not fall within the parameters of commercial quantity and that the same is an intermediary one. The rigor of Section 37 of NDPS Act, therefore, is not attracted to the instant case. The bail petition of the petitioner is, as such, required to be considered on the touchstone of the principles governing grant of bail under Section 437 of Cr. P. C. - It is a settled position of law that grant of bail is a rule whereas its refusal is an exception. The question whether bail should be granted in a case has to be determined on the basis of the facts and circumstances of that particular case. The quantity of contraband allegedly recovered from the accused does not fall within the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the petitioner on the basis of public sentiments or to teach him a lesson as his guilt is yet to be proved. The petitioner is admitted to bail subject to the conditions imposed - petition allowed. - Hon'ble Judges Sanjay Dhar, J. For the Appellant : Bari Abdullah, Advocate For the Respondents : Jamrodh Singh, GA JUDGMENT Sanjay Dhar, J. 1. As per the prosecution case, on 13.05.2019, the Police of Police Station, Banihal received a specific information regarding possession of heroin (Chitta) by the petitioner/accused. Upon this information, FIR No. 60/2019 for offences under Section 8/21/22 of NDPS Act, was registered. During the course of investigation, the police laid a naka at T. Chowk, Banihal and signalled the petitioner to st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bail petition by filing its reply thereto. In its reply, the respondent has contended that the offences committed by the petitioner/accused are serious, grave and heinous in nature and as such, he cannot claim bail as a matter of right; that the petitioner/accused is involved in the illicit trade of sale and purchase of narcotic substance i.e. Heroin (chitta) which is very dangerous for the society, especially for younger generation and its consumption by the youth may affect their health and future and that there is every apprehension that the petitioner/accused may indulge in similar activities in case he is admitted to bail. 4. I have heard learned counsel for the parties and perused the record. 5. As already noted, in the instant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aband recovered from the possession of the petitioner does not fall within the parameters of commercial quantity and that the same is an intermediary one. The rigor of Section 37 of NDPS Act, therefore, is not attracted to the instant case. The bail petition of the petitioner is, as such, required to be considered on the touchstone of the principles governing grant of bail under Section 437 of Cr. P. C. 8. It is a settled position of law that grant of bail is a rule whereas its refusal is an exception. The question whether bail should be granted in a case has to be determined on the basis of the facts and circumstances of that particular case. A Coordinate Bench of this Court, while discussing the principles to be followed in a case where i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essity demands that some un-convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, necessity' is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses, if left at liberty, save in the most extraordinary circumstances. Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f year and his further incarceration will be nothing but imposition of punishment without trial of the case. Therefore, a balanced view of the matter is required to be taken by enlarging the petitioner on bail. 10. Apart from this, the respondents have not placed on record anything to show that the petitioner is habitual offender or that he has previously been either implicated or convicted of similar offences. It is not the case of the respondents that any further recovery is to be effected from the petitioner. As per the status report filed by the respondents, the challan has already been filed before the trial Court. Thus, further incarceration of the petitioner in the instant case cannot be justified. If the petitioner is not enlarged o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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