Jagdish Singh Alias Deesha Alias Jagdish Snigh Brar vs. State Of Punjab

Facts

The petitioner, Jagdish Singh alias Disha, sought regular bail for the third time in FIR No. 216, registered on July 21, 2023, under Sections 22-C and 27 of the NDPS Act. The prosecution story, as per the FIR, details the apprehension of the petitioner near Rambagh, Bathinda. Upon noticing the police party, the petitioner attempted to flee. A search of his bag revealed intoxicating vials (100 of OMEREX Cough Syrup containing Codeine Phosphate) and intoxicating tablets (1000 Cariso Prodol Tablets). The petitioner could not produce any license or permit for these substances. The FIR states that the quantity of intoxicant vials and tablets found in possession constitutes an offense under Section 22(c) of the NDPS Act.

Held

The Court allowed the petition for regular bail. While the judgment extensively discusses the principles of granting bail, emphasizing that bail is the general rule and incarceration is an exception, and referencing various Supreme Court decisions on the humane and judicious exercise of discretion, it does not explicitly rule on the specific legal arguments raised by the petitioner regarding the classification of the recovered substances under the NDPS Act or the quantity of Codeine. The decision to grant bail appears to be based on the general principles of bail jurisprudence and the petitioner's clean antecedents, as highlighted by the petitioner's counsel. The Court directed the petitioner's release on furnishing bail and surety bonds to the satisfaction of the trial court/duty magistrate. It was explicitly stated that the observations made would not be construed as an expression of opinion on the merits of the case.

Key Issues

1. Whether the 1000 tablets of Carisoma fall within the ambit of the NDPS Act, and whether the 100 vials of cough syrup contain a quantity of Codeine Phosphate that is considered intermediate under the NDPS Act? 2. Whether the petitioner, having clean antecedents and not being involved in any other case, is entitled to regular bail? Petitioner's Arguments: Learned counsel for the petitioner contended that the 1000 tablets of Carisoma do not fall under the NDPS Act. Furthermore, it was argued that the 100 vials of cough syrup contained no more than 30 grams of Codeine, which is an intermediate quantity. The petitioner also asserted that he has clean antecedents and is not involved in any other cases. Revenue's Arguments: The judgment does not record any specific arguments presented by the respondent State of Punjab.