"High Court Grants Bail in NDPS Case Citing 'Prima Facie Doubts' of False Implication"

In a significant development, the Punjab and Haryana High Court, in a judgment delivered on October 30, 2023, granted regular bail to Balwinder Singh, who had been accused under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision by HON'BLE MR. JUSTICE AVNEESH JHINGAN was based on observations that raised "prima facie doubts about false implication."

Balwinder Singh had sought parity with a co-accused, Jarnail Singh @ Toni, who had been granted regular bail earlier. Notably, no recovery was made from Balwinder Singh. The High Court considered a previous order granting bail to the co-accused Jarnail Singh.

The judgment also delved into allegations of false implication, highlighting the registration of an FIR against ASI Jagtar Singh and the reliance on a transcript of a recorded conversation. The petitioners were picked up from their homes, and a representation was filed alleging false implication. The court took into account the lengthy custody period and cited Supreme Court decisions in similar circumstances.

HON'BLE MR. JUSTICE AVNEESH JHINGAN, in his ruling, stated, "Having the conspicuous facts, further that no recovery is to be made from the petitioner(s), they are in custody since June 2021 and there is no substantial progress in the trial; the Supreme Court in Dheeraj Kumar Shukla's case (supra) and Chet Ram Ram Veer (supra) granted bail in similar circumstances, the petitioners are granted bail subject to their furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned."

The decision comes as a significant relief to the petitioner, who had been in custody since June 2021. The High Court's judgment reflects the importance of ensuring fairness and justice in cases involving allegations of false implication.

Representing the petitioner was Mr. P.S. Sekhon, Advocate, while Ms. Navreet K. Barnala, AAG, Punjab, represented the State in this case. The judgment highlights the court's commitment to upholding the principles of justice and fairness in legal proceedings.

 Date of Decision: 30 October, 2023

 Balwinder Singh @ Rubi VS State of Punjab