Narcotic Control Bureau vs Lakhwinder Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 315

ABHAY S. OKA, UJJAL BHUYAN
Narcotic Control Bureau – Appellant
Versus
Lakhwinder Singh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Suryaprakash V. Raju, A.S.G. Ms. Sairica Raju, Adv. Mr. Rajan Kr. Chourasia, Adv. Mr. Annam Venkatesh, Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Akshay Verma, AOR Ms. Sushma Verma, Adv. Mr. Abhinav Singh, Adv.

Table of Content
1. conviction and sentence details (Para 3 , 5 , 6 , 7)
2. asg's reliance on precedent (Para 4)
3. discretion in bail decisions (Para 8)

JUDGMENT :

1. Leave granted.

3. By the impugned order, the High Court has granted relief of suspension of sentence and bail to the respondent/accused pending an appeal against the conviction. The respondent was convicted for an offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). The substantive sentence of the respondent is 10 years of rigorous imprisonment. In the appeal of the year 2021, the High Court noted that the respondent had undergone incarceration for a period of 4 ½ years out of the fixed term sentence of 10 years. As the appeal was not likely to be heard before the completion of the sentence, the High Court granted relief of suspension of sentence and bail to the respondent.

5. The relevant part of paragraph 15 and paragraph 16 of the said decision read thus:

While dealing with an extraordinary situation arising out of the long incarceration of undertrial prisoners, this Court directed that in certain cases, the prisoners shall be released on bail after they complete

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