Recovery of 1500 intoxicating tablets – NDPS case – Regular bail – Keeping in view that the petitioner is a licensed chemist, entitled to the possession of such tablets and was apprehended while travelling, therefore, his culpability is subject to evidence at the trial -- Petitioner is behind the bars for more than one year, it would be travesty of justice to keep him in custody for more time -- Efforts are being made by the authorities to decongest the jails to prevent the further spread of malady (Covid-19), petitioner is ordered to be released on regular bail.

(P&H HC) Decided on: 26.10.2020

Recovery of 7600 intoxicating tablets -- NDPS case – Regular bail – Petitioners are in custody since 25.08.2019 -- FIR is based on secret information, thus, culpability, conscious possession of which accused if any, would be determined at the time of trial -- Since, the petitioners are behind the bars for more than one year and in view of present COVID-19 pandemic and the efforts of the authorities in decongesting the jail which are busting the seams and the ratios cited for parity, Court deems it fit to allow the regular bail to the petitioners.

(P&H HC) Decided on: 26.10.2020

Recovery of 510 intoxicant tablets of Tramadol – NDPS case – Regular bail -- Petitioner is in custody for a period of 1 year, 2 months and 22 days and no other case has been pointed out against the petitioner -- No prosecution witness has been examined so far -- Considering the fact that trial in the case is not likely to be concluded in near future due to Covid-19 pandemic, this Court deems it appropriate to release the petitioner on regular bail.

(P&H HC) Decided on: 07.10.2020

Recovery of 350 grams intoxicant powder, having salt Diacetylmorphine – NDPS case -- Commercial quantity – Regular bail -- Regular trials are not being taken up by the trial Courts -- Accordingly, considering the long custody of about 2 years, 3 months and 15 days, there being no other case against the petitioner and the trial not likely to be concluded in the near future on account of Covid-19 pandemic, High Court deemed it appropriate to admit the petitioner on bail.

(P&H HC) Decided on: 25.09.2020

Recovery of 126 kg of poopy husk from co-accused -- NDPS case – Disclosure statement -- Regular bail -- Name of the petitioner has surfaced in the case during interrogation through the disclosure statement of the co-accused -- Nothing has been recovered from the petitioner and he was not even named in the secret information – Petitioner is ordered to be released on bail.

(P&H HC) Decided on: 11.09.2020

Recovery of 650 tablets of Clovidol-100SR – NDPS matter -- Commercial quantity – Regular bail -- Charge has been framed but no witness has been examined -- Considering the quantity of contraband recovered being marginally above the commercial quantity and conclusion of the trial is likely to take long time, without any expression of opinion on the merits of the case, petitioner ordered to be released on regular bail.

(P&H HC) Decided on: 07.09.2020

Recovery of 217 kgs of poppy husk -- NDPS matter – Second petition for regular bail -- Petitioner is in custody since 05.12.2018, conclusion of trial may take a sufficient long time -- Petition allowed, petitioner ordered to be released on bail during pendency of trial.

(P&H HC) Decided on: 25.08.2020

Recovery of 1 kg and 600 grams of Ganja Phul Patti -- NDPS matter – Regular bail -- Marginally higher than the small quantity -- No other case pending against the petitioner under the NDPS Act -- Considering the fact that the petitioner is in custody since 14.06.2020 and the trial in the case is not likely to be concluded in near future, court deemed appropriate to release the petitioner on regular bail -- Petition allowed.

(P&H HC) Decided on: 21.08.2020

Recovery of 1300 tablets of Tramadol Hydrochloride total weight comes to 546.169 grams – NDPS matter – Regular bail – Petitioner is in custody since 28.01.2020 -- Challan has been presented and charges are yet to be framed -- Since trial in the case is not likely to be concluded in the near future and there being no other case against the petitioner – Petitioner admitted on regular bail.

(P&H HC) Decided on: 17.08.2020

Recovery of 18 injections of Buprenorphine of 2 ml each -- NDPS matter – Regular bail -- Though 18 injections of Avil of 10 ml each were also recovered from the petitioner, but the same do not fall within the ambit of NDPS Act -- No other case pending against the petitioner and he is in custody since 19.06.2019 -- Considering the fact that trial in the case will take sufficient long time, petitioner released on regular bail.

(P&H HC) Decided on: 17.08.2020

Recovery of 50 vials of Winicirex Cough Syrup and 400 tablets of Carisoma – NDPS matter – Regular bail -- Petitioners are in custody since 13.06.2019 and there is no other case pending against them -- In absence of any specific allegation in the FIR as to which of the petitioners was holding the strip of the bag and considering the fact that trial in the case will take sufficient long time -- Petitioners admitted on regular bail.

(P&H HC) Decided on: 17.08.2020

Recovery of 1500 capsules of Ridlay Parvorin-Spas Tramadol -- NDPS case -- Commercial quantity -- 15 witnesses to be examined, petitioner in custody for more than one year -- Keeping in view that the trial will take some time for its conclusion, there is no need to detain the petitioner any longer -- Petition allowed, petitioner is ordered to be enlarged on bail.

(P&H HC) Decided on: 13.08.2020

Recovery of 400 strips of TREDOL-100 – NDPS case -- Commercial quantity -- Petitioner in custody since 03.07.2019 – Out of 12 witnesses, only 3 witnesses have been examined till date – Bail opposed on the ground that recovery from the petitioner is commercial in quantity and as per Section 37 of the NDPS Act, he is not entitled for concession of bail – Held, trial will take some time for its conclusion, there is no need to detain the petitioner any longer -- Petition allowed, petitioner is ordered to be enlarged on bail.

(P&H HC) Decided on: 13.08.2020

Recovery of 5 grams heroin and 270 grams of intoxicant powder -- NDPS matter – Commercial quantity – Regular bail -- Commercial quantity is 250 grams -- Hence, the quantity recovered is marginally higher than the commercial quantity – Keeping in view recovery of marginally higher than the commercial quantity of intoxicant powder and that the trial will take some time for its conclusion, there is no need to detain the petitioner any longer -- Petitioner ordered to be enlarged on bail.

(P&H HC) Decided on: 13.08.2020

Recovery of 255 gram of heroin – NDPS case -- Commercial quantity – Regular bail -- Petitioner is in custody for more than 13 months – Till date, no witness has been examined, the trial is not likely to conclude in near future and the recovery, which has been effected from the petitioner, is marginally above commercial quantity and no case pending -- Petitioner be released on regular bail.

(P&H HC) Decided on: 10.08.2020

Recovery of 4,000 tablets containing Clavidol (Tramadol) and 05 grams of heroin – NDPS matter – Petitioner, who is a lady with two minor children, is in custody for over 11 months, she is not involved in any other case under the NDPS Act, Covid 19 pandemic and the conclusion of the trial is likely to take some time – Concession of regular bail granted to the petitioner.

(P&H HC) Decided on: 29.07.2020

Recovery of 55 strips of Spasmo Proxyvon Plus capsules (total 1320 in number) and 14 plastic vials of Corex Syrup -- NDPS matter – Regular bail – Petitioner was not arrested on the spot, there is no question of effecting any recovery of contraband from his conscious possession – Petitioner was arrested on 16.07.2019 -- Disclosure statement of the co-accused is not sufficient enough to establish the petitioner's culpability satisfactorily -- Petitioner is involved in nine other criminal cases, however, there is no mention of the petitioner being involved in any other case under the NDPS Act -- Long detention undergone by the petitioner, as also the fact that the trial is not likely to be commenced or completed in a reasonable time on account of the ongoing COVID-19 Pandemic -- Ordered to be released on regular bail.

(P&H HC) Decided on: 29.07.2020

Recovery of 50 kg of Poppy husk weighed with bag -- NDPS case -- Default bail – Regular bail -- In case the poppy husk had been weighed separately from the bags wherein it was contained, it would not have come under the commercial quantity -- Challan ought to have been presented within a period of 60 days, considering the fact that the recovery was not of commercial quantity, which has not been done -- There is delay in the presentation of challan – Bail allowed.

(P&H HC) Decided on: 28.07.2020

Recovery of 450 tablets of tramadol from co-accused -- NDPS case -- Anticipatory bail – Disclosure statement – Co-accused apprehended at the spot, named another person from whom he purchased – Later petitioner has been implicated on the statement of other co-accused – On direction, petitioner joined Investigaiton and released on ad-interim bail – In view that petitioner joined investigation and not required for custodial interrogation, the Covid-19 Pandemic, the order granting interim bail to the petitioner is made absolute.

(P&H HC) Decided on: 17.07.2020

Recovery of 2 ½ kilograms of opium – NDPS case -- Regular bail – By consideration the fact that petitioner is in custody since 22.09.2019; that petitioner is no more required by the Investigating Agency for investigation purpose; that challan has been presented in the Court; that trial has already commenced and since consequent trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in custody further, thus, he deserves the concession of bail – Regular bail granted.

(P&H HC) Decided on: 13.07.2020

Recovery of 60 Kgs. of Dodapost – NDPS case -- Regular bail -- Investigating Officer, when apprehended both the petitioners, gave them notice u/s 50 of the NDPS Act, in which the petitioners gave consent to be searched by the Investigating Officer and not before a Gazetted Officer or a Magistrate and thereafter, the same Investigating Officer conducted the search and recovered 60 Kgs. of Dodapost from the petitioners – Charges have been framed, however, no prosecution witness has been examined so far – Petitioners are in judicial custody since 25.11.2019 and conclusion of trial is likely to take some time, the petitions allowed.

(P&H HC) Decided on: 10.07.2020

Recovery of 400 grams of heroin – NDPS case -- Regular bail -- Custody since 12.08.2019 -- FIR of 12.8.2019 do not give any time and place of apprehending the petitioner -- No independent person has been joined in the proceedings – Case property was produced before the Magistrate and the representative samples were drawn on 13.08.2019 and samples were ultimately sent to FSL only on 16.08.2019 -- Challan has been presented on 23.01.2020 -- Petitioner is not involved in any other case – Contended that according to instructions/notification No.1/88 issued by the Narcotics Control Bureau, the samples are required to be sent to FSL within 72 hours, the non-compliance would entail in grant of regular bail to the petitioner at this stage – Petitioner ordered to be enlarged on bail.

(P&H HC) Decided on: 08.06.2020

Recovery of 1.5 kg of Heroin -- NDPS matter – Regular Bail – Custody since 21.01.2018 -- Indictment of the petitioner on the basis of disclosure statement suffered by co-accused -- Petitioner was not travelling in the said bus from where the alleged contraband was recovered from possession of co-accused -- Trial of the case is likely to take time – Petitioner is ordered to be released on regular bail.

(P&H HC) Decided on: 05.04.2019