Headnote
AI-drafted · Reviewed and approved
The petitioner, Shambhu Lal Meena, who had been in custody since 14.09.2023, filed a petition for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR No. 148 of 2023 registered under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) at Police Station Majra, District Sirmour, Himachal Pradesh. The case arose from the interception of a vehicle on 14.09.2023, from which 54.402 kg of Poppy Straw/Chura Post was recovered from the dicky of a White Creta Hyundai Car in which the petitioner was a passenger along with three other accused persons.
The petitioner contended that no contraband was recovered from his exclusive and conscious possession, that he had no prior criminal antecedents, that he was only 22 years of age, and that he had been in incarceration for over one year and six months. The State opposed the bail application, pointing out the commercial quantity of contraband involved, the gravity of the offence under the NDPS Act, and the fact that trial was ongoing with 29 prosecution witnesses yet to be examined.
The Court examined the statutory provisions of Sections 15 and 29 of the NDPS Act, noting the stringent punishment prescribed for offences involving commercial quantities of poppy straw and the rigorous conditions attached to the grant of bail in such matters under Section 37 of the NDPS Act.
Catchwords:
bail · NDPS Act · poppy straw · commercial quantity · Section 15 NDPS Act · Section 29 NDPS Act · Section 483 BNSS · conscious possession · regular bail · narcotic drugs
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