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2026 Supreme(Online)(P&H) 77592
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J
GURMUKH KAPOOR ALIAS BABBU – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M-9469-2025 (O&M)
For the Appellants/Petitioners: Gautam Dutta, Saurabh Sharma
For the Respondents: K.D. Sachdeva
Bail under Section 37 of the NDPS Act should not be denied to the extent of causing punitive or preventive detention, especially when the trial is delayed and the accused has legitimate medical grounds, provided the interim bail has not been misused.
Headnote:The petitioner sought regular bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically Section 22(c), following the recovery of various psychotropic substances from a medical store. The petitioner, a wholesale dealer, was arrested after it was found that the store's license had expired. The court noted that the petitioner had previously been granted interim bail on medical grounds and had not misused the concession. The primary issue was whether the stringent conditions for bail under Section 37 of the NDPS Act should result in punitive detention when the trial is expected to take a significant amount of time and the accused has a critical medical condition. The court reasoned that a literal interpretation of Section 37 would lead to unsanctioned preventive detention, emphasizing that courts must be sensitive to the impact of delayed trials on the individual. Accordingly, the present petition is allowed. Order dated 27.10.2025, is made absolute and the petitioner is ordered to be released on bail subject to his already furnished bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.
| Table of Content |
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| 1. recovery of psychotropic substances from a medical store with an expired license leading to fir under ndps act. (Para 1 , 2) |
| 2. arguments regarding the petitioner's medical condition, professional status as a wholesaler, and non-misuse of interim bail. (Para 3 , 4) |
| 3. interpretation of section 37 ndps act to prevent punitive detention during prolonged trials. (Para 6 , 7 , 8) |
| 4. grant of regular bail based on medical necessity and the likelihood of a lengthy trial. (Para 9 , 10 , 11) |
Rajesh Bhardwaj, J. (ORAL)
1. Present first petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.25, dated 22.01.2025, under Section 21(c) of the NDPS Act (Section 21(c) corrected to Section 22(c) later on), registered at Police Station Special Task Force, District STF Wing.
2. As per the prosecution version, on 22.01.2025, as per orders of higher police officers, ASI Satpal along with other police officials reached Krishna Nagar, Ferozepur City, where Drug Inspector Ms. Sonia Gupta along with her team and DSP Bhupinder Singh A.N.T.F., Ferozepur, were already present. The premises/medical store of M/s J.S.Pharmaceuticals of which Gurmukh Kapoor and Kuldeep Kapoor (partners) were already present there, got sealed by Drug Inspector Ms. Sonia Gupta. After removing the seal put over the medical store in the presence of Satnam Singh M.C and Kunal Kapoor son of Raman Kapoor, its upper portion was checked and (1) 300 injections of NRX Tramadol Hydrochloride OPODOL having Batch No.1-768 Mfg May 2023 Exp. APR 2025, (2) 150 tablets of NRX Zolpidem Tartrate having Batch No. Gent-7417B, Mfg. 11/2023 Ex.10/2025, (3) 135 tablets of Zolpidem having Batch No.ENT-23009, Mfg.4-2023 Exp.3/2025, (4) 3180 tablets of Clonazepam having Batch No.T-6927 Mfg. March 2023 Exp. Feb. 2025 (5) 2475 tablets of Zolpidem having Batch No.ENT-23023 Mfg. April 2023 Exp. March 2026, (6) 350 tablets of Escitalopram Oxalate Clonazepam having Batch No. T-621 Mfg. May 2024 Exp. March 2025 and (7) 810 tablets of Aloravan having Batch No.T-677 Mfg. May 2023 Exp. April 2025 were recovered. The report under Section 42 of the NDPS act with regard to this secret information has been sent through Senior Constable Gurjit Kuar Ferozepur to Deputy Superintendent of Police, ANTF Ferozepur. Hence, a request was made to take legal action against the culprits. Thus, FIR was registered and investigation commenced. The accused got arrested on 22.01.2025. The petitioner approached the Court of learned Judge, Special Court, Ferozepur praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Ferozepur declined the bail application filed by the petitioner vide order dated 11.02.2025. Hence being aggrieved, the petitioner is before this Court praying for the grant of regular bail by way of filing the present petition.
3. Learned senior counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. He submits that admittedly the petitioner is wholesaler dealer of the medicines. He submits that at the time of recovery the licence of the petitioner was found to be expired. It is submitted that there is every provision for the extension of the licence with the penalty, but the petitioner has been implicated on account of the same. Learned counsel further submits that on account of his medical condition he was granted interim bail by this Court vide order dated 27.10.2025. It is further submitted that he is continuously under medical treatment and a surgery has also been advised. He submits that the petitioner is presently not in a position to undergo the surgery. He submits that though the petitioner was implicated in one more case, however, he has been acquitted in the same. He contends that there is nothing on the record that the petitioner has misused the concession of interim bail granted to him by this
