Saurabh Malik
Tribune News Service
Chandigarh, October 27
Amid a nationwide debate on issues such as “conscious possession” and consumption following the arrest of Aryan Khan in a drugs case, the Punjab and Haryana HC has granted regular bail to a drug addict.
The accused was booked after he was found standing next to a motorcycle from which contraband was recovered. Referring to the allegations regarding his involvement in other cases in which small quantities of contraband were allegedly recovered, Justice Harsimran Singh Sethi made it clear that the aspect of recovery was to be examined in view of the fact that the petitioner was a drug addict and might be using the drug for his personal consumption.
Petitioner not owner of vehicle: HC
- After hearing counsels and going through the record, Justice Harsimran Singh Sethi said it was clear that petitioner was not the owner of the motorcycle from which the drug was recovered
- As such, the question whether the petitioner was in possession of the contraband was yet to be proven during the course of the trial
Justice Sethi was told the petitioner was seeking regular bail in an FIR registered on January 7 under the NDPS Act at the Malout Sadar police station.
His counsel said the motorcycle did not belong to the petitioner. He was merely standing next to the vehicle, but was involved in the FIR. Appearing on the state’s behalf, Deputy Advocate-General Ramdeep Partap Singh submitted the investigation showed the motorcycle, indeed, did not belong to the petitioner, but he was also involved in other such cases.
He added the petitioner, as such, appeared to be a habitual offender and a drug addict. The quantity of drug recovered from him in all those FIRs was five or seven gram, for which he had been given regular bail.
Amid national debate, Punjab and Haryana HC grants regular bail to drug addict
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