Amandeep Kaur vs State of Punjab Vs

Petitioner Amandeep Kaur has filed this petition seeking grant of regular bail in respect of a case registered against her vide FIR No.63 dated

19.6.2018 under Section 22 of NDPS Act, Police Station Bhadaur, Barnala.

It is the case of the prosecution that while the police party was patrolling in the area of Bus Stand, Bhadaur, then a secret information was received to

the effect that Amandeep Kaur was into sale of intoxicant tablets and that she keeps a huge quantity of intoxicant tablets in her house and in case a

raid is conducted, she can be apprehended red-handed. Pursuant to the aforesaid information, a raid was conducted and 750 tablets of

‘Tramadol’ were recovered total weighing 739.2 grams which falls within the category of “commercial quantityâ€​.

Notice of this petition was issued to the State.

Learned counsel for the petitioner has submitted that in the present case recovery was effected after 7.45 P.M. and that since the recovery was

effected from the house of the petitioner after sunset, it was expected from the police party to obtain some authorization or search warrant especially

since the police party did have the prior information about the alleged possession of contraband. The learned counsel has further submitted that in any

case the petitioner being a lady and having one year old minor daughter deserves the concession of bail.

On the other hand learned State counsel has submitted that since the recovery falls within the category of “commercial quantityâ€, therefore, minor

irregularity, if any, as regards compliance of Section 42 Cr.P.C. for not having obtained prior authorization for conducting the search after sunset

would not be fatal to the case of the prosecution and that no case is made out for grant of bail.

I have considered the rival submissions addressed before this Court. The learned State counsel has not disputed the fact that search was conducted

after sunset and that no authorization/warrant for search had been obtained. Without expressing any opinion regarding the merits of the case and

bearing in mind that the petitioner is a lady having one year old daughter and also that the petitioner is not stated to be involved in any other identical

case, a lenient view is called for. The petition, as such, is accepted. Petitioner Amandeep Kaur is ordered to be released on bail on her furnishing bail

bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate.