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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANJARI NEHRU KAUL
Gursimran Singh – Appellant
Versus
Union of India through Intelligence Officer, Narcotic Control Bureau, Amritsar – Respondent
JUDGMENT :
MANJARI NEHRU KAUL , J.
1. The petitioner is seeking the concession of bail under Section 439 of the Cr.P.C. in NCB Crime No.3 dated 31.01.2024 under Sections 21 , 22, 23, 25, 27-A, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') ( Section 8 of the NDPS Act and Section 25 /54/59 of the Arms Act, 1959 added lateron) registered at Police Station NCB Amritsar, District Amritsar.
2. Vide order dated 17.03.2025, a Coordinate Bench of this Court has extended the concession of interim bail to the petitioner in the following terms:
“Custody certificate dated 14.03.2025 qua petitioner has been produced by learned State counsel, which is taken on record. Registry to do the needful. Contends that as per paragraph 9 of the complaint, the Narcotics Control Bureau (for short ‘NCB’) team apprehended the petitioner while receiving alleged three packets of contraband from Darshan Singh; but there is no material available with the NCB to substantiate this factual aspect of the matter.
Faced with the above predicament, learned counsel for respondent seeks time to have further instructions.
Posted for 21.05.2025.
In the meanwhile, petitioner be r
Bail may be granted if the prosecution fails to establish prima facie evidence linking the accused to the offense, particularly when no recovery is substantiated.
Bail can be granted when investigation is complete and trial is unlikely to conclude in a reasonable time, especially when no contraband was recovered from the petitioner.
The court granted bail to the petitioner under stringent conditions, emphasizing compliance with NDPS provisions, the significance of the quantity of contraband, and the petitioner's lack of prior cr....
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
NDPS Act - Rejection of Bail – Evidence and material on record is not required to be pre-judged and parties can establish their case during trial.
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
The main legal point established in the judgment is the requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence, as per the provisions of Section 37 of t....
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