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 :

(Abhay S. Oka, J.)

1. Leave granted.

2. Heard Shri S.V. Raju, learned ASG appearing for the appellant.

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.

4. The learned ASG relies upon a decision of this Court in the case of the Supreme Court Legal Aid Committee representing Undertrial Prisoners vs. Union of India & Ors., (1994) 6 SCC 731 He submitted that, as laid

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