Punjab and Haryana High Court Rejects Bail Plea in NDPS Act Case: 'Seriousness of Charges' and 'Risk of Tampering' Cited in Dismissal

In a recent ruling, the Punjab and Haryana High Court, presided by Hon'ble Mr. Justice Harsh Bunger, turned down a bail application filed under Section 439 of the Code of Criminal Procedure in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The judgment, delivered on 14th July 2023, pertained to the case of Jagdish Chand, who sought regular bail in connection with FIR No.159 dated 09.12.2021, concerning the recovery of 150 kgs. of poppy pods classified as "Commercial Quantity" at Police Station Dialpura, District Bathinda.

Justice Bunger emphasized the seriousness of the charges against the petitioner and stated, "The recovery of 150 kgs. of poppy pods falls under the 'Commercial Quantity' category, invoking the bar under Section 37 of the NDPS Act. The court cannot find reasonable grounds for believing in the petitioner's innocence or the likelihood of him not committing any NDPS Act offense while on bail."

The petitioner contended false implication, citing a land dispute and a previous case lodged by his son against certain police officials. However, the court ruled that these claims would be subject to examination during the trial and were insufficient to establish prima facie innocence for granting bail.

Justice Bunger addressed concerns of tampering with evidence and the risk of the petitioner absconding, stating, "Given the gravity of the charges, there is a possibility that the petitioner might influence prosecution witnesses or even commit further offenses if released on bail."

The court clarified that its decision was not an expression of opinion on the case's merits and that the trial would proceed independently, unaffected by the bail application's observations.

In reaching its conclusion, the judgment referred to the crucial case of Union of India vs. Rattan Mallik @ Habul (2009), reiterating the stringent criteria for granting bail under the NDPS Act. This ruling has broader implications for future cases involving serious offenses under the Act, highlighting the court's commitment to upholding the sanctity of the legal process in such matters.

Date of Decision: 14th July 2023

JAGDISH CHAND   vs STATE OF PUNJAB