Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Prolonged Incarceration Not Justified: Punjab and Haryana High Court Grants Bail in NDPS Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court, in a judgment emphasized the importance of personal liberty and granted bail to the petitioner in a case registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The judgment, delivered by HON'BLE MR. JUSTICE PANKAJ JAIN, highlighted the undue delay in the petitioner's incarceration and the lack of criminal antecedents.

The High Court considered the argument presented by the petitioner's counsel, who pointed out that an unauthorized officer had conducted the search before an authorized officer arrived, raising questions about the legality of the search.

Justice Pankaj Jain referred to several recent Supreme Court orders in similar cases to support the decision. He quoted from one such order, stating, "The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution, and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act."

The judgment also referred to other cases where bail was granted to individuals who had spent a considerable time in custody, further emphasizing the principle that liberty should not be unduly restricted.

The High Court, while granting bail, imposed specific conditions on the petitioner to ensure that he does not misuse the liberty granted. These conditions include not tampering with evidence, attending all court dates, not committing any further offenses, depositing any passport with the trial court, and providing contact information to the police authorities.

The judgment serves as a reminder of the importance of safeguarding personal liberty, especially in cases where individuals have been in custody for extended periods without trial. It underscores the need for a balanced approach to justice, ensuring that the fundamental right to liberty is respected even in cases involving serious offenses.

Date of Decision: October 17, 2023

Balvir Chand vs State of Punjab

Latest Legal News