Bail granted to one Convicted under section 15,61,85 of the NDPS act because she had a child: High court of Punjab and Haryana

The petitioner was convicted under section 15-B of the NDPS act, “Punishment for contravention in relation to poppy straw, where the contravention involves quantity lesser than commercial quantity but greater than a small quantity.” Section 61 of the NDPS act, “Confiscation of goods used for concealing illicit drugs or substances. Any goods used for concealing any 1[narcotic drug, psychotropic substance or controlled substance] which is liable to confiscation under this Act.” and section 85 of the narcotic drugs and psychotropic substances act, 1985 in FIR No. 0087 on the 3rd of April 2021 registered at the police station in the district of Fatehabad.  Therefore, the petitioner was seeking regular bail in the high court under section 439 Cr.P.C. “Special powers of High Court or Court of Session regarding bail.”

This judgment and final order were given in the high court of Punjab and Haryana at Chandigarh by Hon’ble Mr. Justice Harnaresh Singh Gill in the case of Chando bai v/s state of Haryana CRM-M No. 27427 of 2021 on the 20th of July 2021. Mr. S.S. Duhan represented as the advocate for the petitioner and Mr. Pardeep Prakash represented the state of Haryana this case was heard through video conferencing because of the covid-19 pandemic.

The following are the facts of the case, according to the counsel representing the petitioner claimed before the court the petitioner has been held behind the bars since April 3rd 2021 and the petitioner is also never been accused previously any case against her under narcotic drugs and psychotropic substances act, 1985  that the petitioner and two other co-accused(women)  was accused of possessing 44kg 600 grams of poppy straw, this falls under a non-commercial quantity, the petitioner seeks bail because she has left behind her child only three years of age, and since nobody else in the family can assist the child, the petitioner as a mother is required to take care of her child.

However, the counsel representing the state of Haryana (Mr. Pardeep Prakash) made an objection for the plea of bail and submitted before the court that the reason there are no charges is that they are yet to be framed. However, the court after investigation held that the recovery made was of non-commercial activity and since the petitioner has been held under custody since April 3rd 2021 and she is also required to look after her three-year-old child and since the charges are yet to be framed and the trail for the same will be extended due to the covid-19 pandemic. the court claimed that the continuation of keeping this woman in custody is useless and no purpose would be fulfilled by keeping her behind bars.

The court concluded that “Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate.”

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