Bail in Narcotics Case, No Recovery from Petitioner's Possession – P&H HC

In a recent order, the Punjab and Haryana High Court has granted bail to the petitioner in a narcotics case where no recovery was made from the petitioner's possession. The judgment, delivered by Justice Deepak Gupta, highlighted that the petitioner's name had emerged solely from a disclosure statement made by co-accused individuals.

The case pertained to FIR No. 580, registered at Police Station Sadar Thanesar, District Kurukshetra, under Sections 15, 20, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The alleged recovery of a substantial quantity of poppy husk and Ganja was made from co-accused individuals, who implicated a supplier in their statements.

The court took note of the fact that no recovery was made from the petitioner's possession and that his name had emerged solely from the disclosure statement. Furthermore, it was revealed that the petitioner had been in custody for a considerable period, and he had already been sentenced in another case.

Justice Deepak Gupta, while granting bail, clarified that the decision did not reflect any comment on the merits of the case. The petitioner was ordered to furnish bail bonds and surety bonds to the satisfaction of the trial court concerned.

This judgment highlights the importance of concrete evidence and raises questions about relying solely on disclosure statements without corroborating recoveries. The granting of bail in such circumstances emphasizes the principle of presumption of innocence until proven guilty.

Decided on: 29.05.2023

Rinku Ram VS State of Haryana