Punjab and Haryana High Court Grants Bail with Conditions in NDPS Case

In a recent ruling, the Punjab and Haryana High Court granted regular bail to the petitioner in a Narcotic Drugs and Psychotropic Substance (NDPS) case, with certain conditions. The judgment, delivered by Justice Pankaj Jain, cited previous Supreme Court precedents and took into account the peculiar circumstances of the case.

The petitioner, Rajbir Singh, had been charged under Sections 21/27-A of the NDPS Act for the alleged possession of 6 grams of smack. The petitioner had previously been granted bail on two occasions but had absconded from trial proceedings, resulting in his subsequent arrest. Despite being granted bail again, the petitioner failed to appear for trial, leading to the rejection of his bail application by the Trial Court.

However, considering the petitioner's prolonged incarceration, which amounted to more than a year, two months, and eighteen days, and the absence of any other pending case against him under the NDPS Act, the High Court decided to grant bail. The court acknowledged the petitioner's past misuse of bail but also took note of the absence of any pending cases against him.

Justice Jain imposed additional conditions to prevent further misuse of bail, including not tampering with evidence, not absconding from trial, and not committing any similar offenses. The court also required the petitioner to deposit his passport, provide his cellphone number to the authorities, and refrain from delaying the trial. Any breach of these conditions may result in the cancellation of bail.

The court referred to the Supreme Court judgments in the cases of 'State of Punjab vs. Baldev Singh' and 'State of Rajasthan vs. Parmanand and another' to support its decision. These judgments emphasized the need to carefully evaluate the evidence and procedural irregularities in cases involving recovery from personal searches.

Date of Decision: 10.07.2023

Rajbir Singh vs State of Haryana