High Court Grants Bail, Imposes Stringent Conditions in NDPS Act Case

In a significant ruling, the High Court of Punjab and Haryana, Chandigarh, granted bail to the petitioner, Kulwinder Singh, who was charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for the possession of intoxicant tablets. The judgement, delivered by Hon’ble Mr. Justice Anoop Chitkara on 21^st July 2023, garnered attention for the unprecedented conditions imposed on the accused to secure bail.

The court acknowledged that the petitioner had no criminal antecedents and had been in custody for more than two years and seven months. Considering these factors and following the principles laid down in the case of Dheeraj Kumar Shukla v. The State of Uttar Pradesh [SLP (Crl) 6690-2022], the court found the petitioner eligible for bail.

The judgement emphasized the need to balance the liberty of the accused and the necessity of a fair trial, while also ensuring the safety of society. In line with the ruling in Sushila Aggarwal v. State (NCT of Delhi), 2020:INSC:106 [Para 92], the court imposed restrictive conditions to minimize reliance on traditional sureties and considered alternative options.

The bail conditions, as laid out in the judgement, were unprecedented and aimed to ensure the petitioner’s compliance with the law. Notably, the court ordered the petitioner to maintain only one mobile number linked to their Aadhar card and share its location whenever required. The court also directed the petitioner to surrender all weapons and arms license within fifteen days of release.

In addition to these conditions, the court referred to the case of Madhu Tanwar and Anr. V. State of Punjab, 2023:PHHC:077618 [Para 10, 21], where it was observed that bail conditions should be proportional to their purpose and should not deprive the accused of their rights and liberties.

The  court’s ruling received praise for its progressive approach to bail conditions and its recognition of advancements in technology and identification techniques. The judgement cited the case of Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], wherein the Supreme Court emphasized the need for bail conditions to have a nexus to their purpose.

The petitioner’s counsel, Mr. Kanwaljeet Singh Brar, expressed satisfaction with the bail granted and praised the court’s balanced approach. On the other hand, Mr. Karunesh Kaushal, AAG, Punjab, who represented the State, acknowledged the court’s authority to impose such conditions, given the nature of the case.

Date of Decision: 21.07.2023                                          

Kulwinder Singh    vs State of  Punjab