Punjab and Haryana High Court softens stance on drugs quantity, grants bail in NDPS case
Justice Jasjit Singh Bedi, while allowing the bail plea, noted that the recovery exceeded the commercial quantity limit of 250 grams by just 11 grams
2 min read
The court also considered that the accused was a first-time offender and had been in custody since his arrest on September 13, 2023, with no progress in the trialThe Punjab and Haryana High Court has granted bail to a man, who was arrested in September 2023 for possessing 261 grams of Tramadol Hydrochloride, a quantity marginally above the commercial limit under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Justice Jasjit Singh Bedi, while allowing the bail plea, noted that the recovery exceeded the commercial quantity limit of 250 grams by just 11 grams. The court also considered that the accused was a first-time offender and had been in custody since his arrest on September 13, 2023, with no progress in the trial as none of the 13 prosecution witnesses had been examined.
The FIR was registered at Hariana police station in Hoshiarpur under Sections 21, 22, 29, 61, and 85 of the NDPS Act. The case against the accused stemmed from his disclosure that his brother had supplied the contraband. Jaskaran had already been granted bail by a Special Court in November 2023.
The prosecution opposed the bail, citing the rise in drug-related offences and Section 37 of the NDPS Act, which restricts bail in cases involving commercial quantities. However, the judge observed that in several previous cases, bail had been granted where the recovered quantity was marginally above the commercial threshold.
“The provisions of Section 37 of the NDPS Act can be relaxed to an extent,” Justice Bedi said, adding that the petitioner’s prolonged custody and the lack of trial progress justified bail.
As per the bail conditions, the accused must appear before the police on the first Monday of every month and submit an affidavit affirming no involvement in other cases. Additionally, he or a representative must deposit an FDR of Rs 2 lakh, which may be forfeited if he fails to appear for trial.
You May Like
Photos
