TaxTMI 
TaxTMI 
2018 (1) TMI 124
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...."NDPS Act") and Section 18 of Drugs and Cosmetics Act, registered at P.S. Nalagarh, District Solan, H.P. 2. Sequel to order dated 15.12.2017, ASI Yograj, P.S. Nalagarh, District Solan, H.P., has come present alongwith records. Record perused and returned. Mr. Vikram Thakur, learned Deputy Advocate General, has also placed on record status report, which has been prepared on the basis of record of investigating agency, perusal whereof suggests that police patrolling party intercepted a Tavera Vehicle bearing No. PB-23F- 0090 at Kalyanpur. Police on checking the vehicle, recovered 8 cartons, out of which, five cartons were containing 100 bottles each of syrup namely Elturex-T cough Syrup 100 ml, whereas other three cartons contained 100 str....
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....not attracted. Mr. Rana further contended that challan stands filed in the competent court of law and nothing is required to be recovered from the bail petitioner at this stage. There is nothing on record adduced by the Investigating Agency, from where, it can be inferred that in the event of bail petitioner's being enlarged on bail, he may flee from the justice. 4. Mr. Vikram Thakur, learned Deputy Advocate General, while opposing the aforesaid prayer having been made by the learned counsel for the petitioner contended that keeping in view the gravity of offence allegedly committed by the bail petitioner, he does not deserve to be enlarged on bail. Though, Mr. Thakur, fairly conceded that during investigation, it has come that drugs/psy....
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....0-B 110126,21B-11-127, and as such, at this stage, it cannot be inferred that prohibited drug namely "Codeine Phosphate" was actually purchased by the bail petitioner for illicit trade of it, rather same was purchased against the retail invoice issued by the JMD, Chandigarh. Though record suggests that purchase of contraband was made against licence possessed by the bail petitioner, which as per investigation, was not valid to purchase the prohibited drugs namely "Codeine Phosphate" but there is nothing on record suggestive of the fact that action, if any, is/was initiated by the investigating agency against the pharmaceutical company, who sold the prohibited drugs to the bail petitioner against retail invoice dated 19.5.2017, on the streng....
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....he vehicle being driven by the petitioner, total quantity comes out to be less than small quantity i.e. 9.56 mg and as such, rigors of Section 37 of NDPS Act, are not attracted. 8. Accordingly, this Court after having carefully perused report/record, submitted by the FSL Junga, sees no reason to keep the bail petitioner in jail for an indefinite period, especially, when he has already suffered for more than seven months. Needless to say, guilt, if any, of the petitioner is yet to be proved in accordance with law and as such, his freedom cannot be ordered to curtailed for an indefinite period during the pendency of the trial. 9. Needless to say object of the bail is to secure the attendance of the accused in the trial and the proper te....
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....ept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. Apart from the question of prevention being the object of refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the propose of giving....
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....amining the application of bail but it was not only the test or the factor and the grant or denial of such privilege, is regulated to a large extent by the facts and circumstances of each particular case. That detention in custody of under trial prisoners for an indefinite period would amount to violation of Article 21 of the Constitution was highlighted." 12. The Hon'ble Apex Court in Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) sev....