PLRonline.in
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
  • Login
  • Register
  • LATEST
  • ARB
  • BANKING
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • SERVICE
  • Rent
Wednesday, February 11, 2026
  • LATEST
  • ARB
  • BANKING
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • SERVICE
  • Rent
PLRonline.in
  • LATEST
  • ARB
  • BANKING
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • SERVICE
  • Rent
Home Criminal

NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

by PLRonline
October 15, 2024
in Criminal
Reading Time: 7 mins read
0
482
SHARES
3.7k
VIEWS
Share on FacebookShare on Twitter
PRINT

2024 PLRonline 15 =  (2024-3)215 PLR 129 (SN) = [ID#430771]

Punjab and Haryana High Court

Before: Aman Chaudhary, J.

Rashid Hussain Thoker – Petitioner

Versus

State of Punjab – Respondent

CRM-M-42847 of 2024

04.10.2024

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29, 37 – Criminal Procedure Code, 1973 (2 of 1974), Section 439 — Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined so far; the trial is likely to take a considerable time, thus his further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of NDPS Act can be diluted bearing in mind the right to a speedy trial, thus, the present petition for grant of regular bail deserves to be allowed. [Para 8, 9]

Cases referred:

1. Amani Fidel Chris vs. Narcotics Control Bureau, Crl. Appeal No.1027 of 2015, decided on 13.03.2020.

2. Poonam Devi Rao vs. State of Punjab, CRM-M-32287-2021, decided on 31.08.2022.

3. Didar Singh @ Kaddu vs. State of Punjab, CRM-M48517-2022, decided on 12.09.2023.

4. Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

5. Dheeraj Kumar Shukla vs. The State of Uttar Pradesh, SLP (Criminal) No.6690/2022 decided on 25.01.2023.

6. Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706.

7. Munasi Masih vs. State of Punjab, CRM-M-31504-2022, decided on 06.02.2023.

Mr. Ruhani Chadha, Advocate for the petitioner.  Mr. Manipal Singh Atwal, DAG, Punjab.

***

AMAN CHAUDHARY, J. (ORAL) –  Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.81, dated 14.06.2022, registered under Sections 15 and 29 of the NDPS Act, 1985 at Police Station Maqsudan, District Jalandhar.

2. Learned counsel contends that the petitioner is in custody for more than 1 year. The alleged recovery from him alongwith co-accused Tarik Ashraf, who were travelling in a car driven by him, is 2 Kgs of poppy husk, which is non-commercial in nature. Thereafter, based on their confessional statements on 18.06.2022, 20 bags of 25 Kg each of poppy husk were got recovered from under a bridge, wherefrom 2 samples of 500 grams each were taken at the time of preparing the inventory instead of from each bag as per the procedure. In this regard, reliance is placed upon the judgment of the Delhi High Court in Amani Fidel Chris vs. Narcotics Control Bureau, Crl. Appeal No.1027 of 2015, decided on 13.03.2020, wherein 8 polythene bags were recovered and 2 samples were drawn and the appellant was acquitted on the ground that the result of such chemical examination was doubtful with regard to the entire contraband recovered. He also relies on the case of Poonam Devi Rao vs. State of Punjab, CRM-M-32287-2021, decided on 31.08.2022, wherein bail was granted by relying on the aforesaid judgment as also on the standing order No.1/88 dated 15.03.1988 issued by NCB providing number of samples to be drawn in each seizure case and the observations made were that the contraband recovered from 26 polythene bags was not made homogenous by mixing it properly so as to collect the representative samples from the same, against which SLP (Crl) @ Dairy No.5709/2023 filed by the State of Punjab, was dismissed vide order dated 27.02.2023. The aforesaid order was followed in Didar Singh @ Kaddu vs. State of Punjab, CRM-M48517-2022, decided on 12.09.2023, wherein also this Court granted the bail on the same premise. Charges were framed on 08.04.2024. However, none out of 18 prosecution witnesses has been examined. The petitioner is involved in two more cases under the NDPS on the basis of disclosure statement wherein no recovery has been effected pursuant to his arrest and in one of which he was granted bail by the High Court of Jammu & Kashmir and Ladakh, vide order dated 10.07.2024. Relies on the judgment of Hon’ble The Supreme Court in Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

3. The custody certificate dated 30.09.2024, as per which, the petitioner is behind bars for 1 year and 10 days and status report by way of an affidavit of Surinder Pal, PPS, Deputy Superintendent of Police, Sub Division, Kartarpur, Jalandhar, have been filed by the learned State counsel, which is taken on record.

4. Learned State counsel opposes the bail on the ground that commercial quantity of contraband was recovered from the petitioner, who was apprehended at the spot and is involved in two more FIRs. He is however unable to controvert the submissions made regarding stage of the case, the petitioner being on bail in one of the cases.

5. Heard.

6. Hon’ble the Supreme Court in the case of Maulana Mohd. Amir Rashadi (supra) had held that, “As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc.”

7. Hon’ble The Supreme Court in the case of Dheeraj Kumar Shukla vs. The State of Uttar Pradesh, SLP (Criminal) No.6690/2022 decided on 25.01.2023 observed that in a case of long custody period, involving quantity recovered to be of commercial nature, where the trial is yet to commence, though charges had been framed, the condition of Section 37 of NDPS Act can be dispensed with. In the case of Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, the Division Bench of this Court observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section 37 of NDPS Act. In the case of Munasi Masih vs. State of Punjab, CRM-M-31504-2022, decided on 06.02.2023, this Court granted bail to a first offender from whom commercial quantity of contraband had been recovered and only 2 out of 13 PWs have been examined, by observing that in view of delayed trial, the rigors of Section 37 of NDPS Act can be diluted to an extent and the petitioner can be granted bail, keeping in mind the right to a speedy trial as envisaged under Article 21 of the Constitution of India.

8. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for last 1 year and 10 days; is on bail in other case; charges were framed on 08.04.2024; out of a total of 18 prosecution witnesses, none has been examined so far; the trial is likely to take a considerable time, thus his further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of NDPS Act can be diluted bearing in mind the right to a speedy trial, thus, the present petition for grant of regular bail deserves to be allowed.

9. As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

10. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

11. In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

Tags: (2024-3)215 PLR 129[ID#430771]BailCrPC S. 439Justice Aman ChaudharyNDPS S. 15NDPS S. 29NDPS S. 37Rashid Hussain Thoker
Previous Post

Constitution of India, Art. 15(4) – is not an exception but only makes a special application of the principle of reasonable classification. Article 15(4) does not make any mandatory provision for reservation and the power to make reservation under Article 15(4) is discretionary and no writ can be issued to effect reservation. [PLRonline ID 228200]

Next Post

COI Art. 136 – Appeal – Evidence – Reappreciation of .

Related Posts

Criminal

High Court’s Limits under CrPC S. 439: No Blanket Orders in POCSO Bail Matters – Sets aside HC direction mandating age verification tests in all POCSO cases during bail hearings.

January 12, 2026
Constitution of India

Landmark ruling on bail under UAPA S. 43D(5) – Differentiation between masterminds and facilitators – Accused-specific inquiry mandated – Prolonged incarceration not automatic ground for bail under special statutes

January 6, 2026
Criminal

Criminal Procedure Code, 1973

December 31, 2025
Criminal

  CrPC S. 439 – Second Bail Application – There is no legal bar to filing a new bail application after a previous one has been rejected or granted and later cancelled. The right to file a fresh bail application is not contingent upon the Supreme Court’s permission, when the first Bail was allowed by the HC and set aside by the SC and had not allowed the filing of a new bail petition. 2025 PLRonline 474853 (SC)

February 24, 2025
Next Post

COI Art. 136 - Appeal - Evidence - Reappreciation of .

LATEST

  • CrPC S. 482 – High Court Cannot Conduct Mini Trial While Considering Quashing Petition Under Section 482 CrPC: Supreme Court January 17, 2026
  • Amendment Seeking Refund of Earnest Money as Alternative Relief Allowable at Any Stage; Limitation Not a Bar: P&H High Court January 17, 2026
  • High Court’s Limits under CrPC S. 439: No Blanket Orders in POCSO Bail Matters – Sets aside HC direction mandating age verification tests in all POCSO cases during bail hearings. January 12, 2026
  • District Magistrate’s Powers Under SARFAESI Act Section 14 Are Ministerial and Not Adjudicatory January 11, 2026
  • Bail for S. 319 CrPC Accused January 10, 2026
  • Ratification of Power of Attorney Acts – Effect on Limitation – Specific Relief Act January 9, 2026
  • Stamp Act,  S. 35, 47-A –  A document once registered, the Registering Authority, ceases to have any control over the document and it becomes a functuous officio the moment he loses the control over the document January 8, 2026
  • Home
  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • L
  • M
  • N
  • O
  • P
  • R
  • S
  • T
  • V
  • W

© 2021 PLRonline.in - Punjab Law Reporter - Since 1900 SC ejournal.

  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases

© 2021 PLRonline.in - Punjab Law Reporter - Since 1900 SC ejournal.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Click on the Bell Icon.

Download and Print outs

Subscribers can take a print out of the FULL JUDGMENT by clicking on the “PDF” printer sign on the top right (above the judgment)

 

Punjab Law Reporter

Full text with judgments is available only for Subscribers.

PLRonline.in Subscription also forms part of the Punjab Law Reporter annual subscription @ Rs. 2800/- (limited time offer)

PLRonline subscription @ Rs. 2200/- . Call 9463598502

Click here for activating Trial Pack

 

Save PLRonline.in APP!

Save

Supreme Court Online is also available on Whatsapp, Telegram, Instagram, Email. Join  us here!