NDPS - Non-Compliance of Sampling Procedure Entitles Applicant to Bail: Delhi High Court

In a significant ruling, the Delhi High Court today granted bail to Gurpreet Singh, who had been in custody since June 8, 2021, in connection with a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Justice Navin Chawla, presiding over the case, underscored key procedural lapses and excessive delay in the trial as grounds for the decision.

Gurpreet Singh was apprehended with 26.790 kgs of Cannabis, leading to charges under Sections 20/61/85 of the NDPS Act. His bail application highlighted the violation of prescribed sampling procedures and the prolonged duration of the trial, which has only seen partial examination of two out of 22 witnesses in over three years.

In his judgment, Justice Chawla observed, “In the present case, therefore, as there is a non-compliance with the procedure prescribed for sampling, the applicant is entitled to be released on bail.” This observation reflects the court’s acknowledgment of procedural flaws in the handling of the seized Cannabis.

The court also considered the undue delay In the trial process. “Only two out of 22 witnesses have been examined in the trial, that that too only partially; coupled with the other factors as have been discussed in this judgment, the applicant is entitled to be released on bail on account of the delay in trial and there being no likelihood of it being concluded in the near future,” Justice Chawla added.

The prosecution's argument that stringent bail criteria set by Section 37 of the NDPS Act for offences involving commercial quantities should be upheld was considered but ultimately did not sway the court’s decision.

Gurpreet Singh’s release was ordered on strict conditions, including not leaving the country without court permission, appearing for hearings, and abstaining from criminal activity.

Date of Decision:  05.02.2024

GURPREET SINGH VS STATE OF NCT OF DELHI