Criminal Procedure Code, 1973
Section 439 read with Section 36A(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985—Regular bail—Recovery of 173 bottles of 100 ML each of Phensedyl Chlorpheniramine Maleate and Codeine Phosphate Cough Linetus—Complaint registered under Sections 8/21(c)/23/29 of the NDPS Act—Date of seizure is 26.02.2023 and the date of filing of the application under Section 52A of the NDPS Act is 19.04.2023, though, no prejudice has been shown to the petitioner by this delay in moving the application under Section 52 of the Act—It is the commercial quantity of the contraband which has been recovered, but as per the FSL report, it contains 0.17%-0.18% of codeine phosphate along with cholrpheniramine—Accused is in judicial custody for last 17 months and charges were yet not framed—Trial may take long and detention of petitioner, shall amount to pre-trial conviction, which is violative of his constitutional right—In the similar facts, considering the nature of the contraband, the quantity and the delay, the Apex Court has granted bail—Bail granted.
[Paras 8 to 11]