Jaffar Iqbal vs State of Punjab

M. Jeyapaul, J.—The applicant-appellant Jaffar Iqbal was convicted u/s 21 of the NDPS Act and was sentenced to undergo 10 years rigorous imprisonment. Heard the submissions made on either side.

The applicant has undergone 1 year 2 months and 14 days as on today.

It is the case of the prosecution that 200 gms of heroin was recovered from the individual possession of the applicant herein. Of course, the remaining quantity of heroin was recovered from the co-accused.

In the background of the alleged recovery of 200 gms from the applicant individually the learned counsel appearing for the applicant would submit that if the individual recovery is accounted the quantity of heroin recovered from the applicant falls short of commercial quantity.

The very same applicant was granted bail during the pendency of trial by the Hon''ble Supreme Court considering that non-commercial quantity was found in possession of the applicant. Further, reference also be made to the decisions of the Hon''ble Supreme Court in Bhagwan Rama Shinde Gosai and Others Vs. State of Gujarat, and Amarsingh Ramjibhai Barot Vs. State of Gujarat, wherein, it has been held that individual recovery will have to be separately accounted to assess whether an accused was in possession of commercial quantity or non commercial quantity of the contraband. In view of the above, I find that the applicant has made out a case for grant of bail. Further, it may take some time for the appeal to mature for final hearing. Therefore, the sentence imposed by the trial Court on the applicant/appellant stands suspended during the pendency of this appeal and he is ordered to be released on bail on furnishing bail bond and surety to the satisfaction of the Chief Judicial Magistrate, Kapurthala.

The application stands allowed accordingly.