Bharatiya Nagarik Suraksha Sanhita, 2023
Section 483—Bail—Recovery of 261 grams of narcotic substance containing the sale of `Tramadol Hydrochloride'—FIR registered under Sec. 21/22/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act—Alleged recovery from petitioner is marginally above the commercial quantity i.e. 250 grams—Petitioner is a first time offender with no other case under the NDPS Act registered against him—Petitioner is in custody for more than seventeen months but none of the 13 prosecution witnesses have been examined so far and a co-accused has already been granted the similar relief—Provisions of Sec. 37 of the NDPS Act can be relaxed to an extent—Petitioner ordered to be released on bail.
Held : The alleged recovery from the petitioner is of 261 grams of a narcotic substance containing the sale of `Tramadol Hydrochloride' which is marginally above the commercial quantity of 250 grams. The petitioner is a first time offender with no other case under the NDPS Act registered against him. In this situation, the provisions of Section 37 of the NDPS Act can be relaxed to an extent and the case of the petitioner can be considered for the grant of bail, moreso, when he is in custody since 13.09.2023 but none of the 13 prosecution witnesses have been examined so far and a co-accused has already been granted the similar relief.
Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Gurprabh Singh @ Prince is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.
[Paras 7 & 8]