SANJAY KAROL, AUGUSTINE GEORGE MASIH
State of Punjab – Appellant
Versus
Gurjit Singh @ Geetu – Respondent
ORDER :
AUGUSTINE GEORGE MASIH, J.
1. Leave granted.
2. The present appeal calls in question the judgment and order dated 18.02.2026 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 72303 of 2025, by which the petition preferred by the respondent under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, “the BNSS”), seeking regular bail in connection with FIR No. 06 of 2024 dated 10.01.2024 registered at Police Station Khalra, District Tarn Taran, for offences punishable under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, “the NDPS Act”), came to be allowed.
3. The prosecution case, in brief, is that on 10.01.2024, in the course of a naka operation near Village Veeram in District Tarn Taran, a Mahindra XUV-300 bearing registration No. UP-15-DD-6521 was stopped and searched. The respondent, who was driving the vehicle, and the co-accused Sukhwinder Singh @ Gora, were apprehended on the spot. Upon the search conducted, heroin was recovered from the possession of both the accused, 508 grams from the respondent and 957 grams from the co-accused Sukhwinder Singh, the aggregate being 1.465 kilogr
Narcotics Control Bureau v. Kashif
Courts must explicitly record twin satisfaction under NDPS Act Section 37(1)(b)(ii) for bail in commercial quantity cases; non-recording is jurisdictional defect rendering order unsustainable, even c....
(1) Bail – Recording of satisfaction on twin conditions under Section 37 of NDPS Act is mandatory and not merely directory.(2) Constitutional right under Article 21 and special provision of law under....
The substantial custody of the accused, the period of trial, and the quantity of contraband in relation to commercial quantity are key factors in granting regular bail under the Narcotic Drugs and Ps....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
The court can consider the grant of bail in NDPS cases despite possession of commercial quantity of contraband, based on substantial custody period and delay in trial.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The right to bail in NDPS Act cases hinges on fulfilling stringent conditions under Section 37, prioritizing public safety and preventing absconding, especially when accusations involve significant q....
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