Benefit Of Acquittal Can Be Extended To Non-Appealing Co-Accused If Prosecution Case Is Found To Be Fundamentally Unreliable: Madras High Court Hindu Marriage Act | Petition For Restitution Of Conjugal Rights Serves As A Valid Defence Against Allegations Of Desertion: Kerala High Court Employee Has No Vested Right To Seek Or Retain Additional Charge; Writ Petition Not Maintainable To Challenge Its Withdrawal: Madhya Pradesh High Court Insurance Act | Insurer Cannot Waive Statutory Deadline For Premium Payment Under Bank Guarantee; No Estoppel Against Statute: NCDRC Absence Of Crime Number In Inquest Report & Discrepancy In Sec 157 CrPC Special Report Renders FIR Doubtful: Allahabad High Court MTP Act  | Termination Of Pregnancy Beyond 24 Weeks Permissible If It Involves Risk To Life Or Grave Injury To Mental Health Of The Victim: Gujarat High Court Section 174A IPC | FIR Cannot Be Quashed If Process Server Reports Indicate Failure To Serve At Ordinary Residence: Delhi High Court Issues Guidelines Insolvency Petition | Transferees Of Debtor Cannot Substitute Debtor To Rebut Allegation Of Intent To Defeat Creditors Under Section 6(b) Provincial Insolvency Act: High Court Medical Negligence | Doctor Cannot Be Held Liable For Choosing One Reasonable Course Of Treatment Over Another: Bombay High Court Cruelty | Non-Registration Of FIR Cannot Be Ground To Discredit Testimony Of Wife Seeking Divorce: Jharkhand High Court No Deception At Inception: Calcutta High Court Refuses To Revive Cheating Charges Against Borrower After One-Time Settlement Consumer Protection Act | Doctrine Of 'Caveat Emptor' Subservient To 'Caveat Venditor'; Auctioneer Liable For Sale Of Encumbered Vehicle: State Commission Section 127 CrPC | Past Compromise Not An Eternal Estoppel To Bar Wife From Seeking Enhancement In Maintenance: Orissa High Court States Can Prescribe Higher Qualifications Than UGC Norms, Additional Tests Promote Meritocracy: Punjab & Haryana High Court Writ Jurisdiction Cannot Be Invoked To Cancel Registered Sale Deed Or Adjudicate Title Disputes: Telangana High Court Principal Employer Cannot Abdicate Statutory Liability For Overtime Wages Of Contract Labour Despite Contractual Indemnity Clauses: Jammu & Kashmir High Court Preliminary Inquiry Not Mandatory For Invoking SC/ST Act Provisions If Allegations Disclose Cognizable Offence: Punjab & Haryana High Court Writ Jurisdiction Cannot Be Invoked For Re-valuation Of Structures Once Compensation Dispute Is Adjudicated Under Section 64 RFCTLARR Act: Telangana High Court Revenue Village Naming | Government Must Ensure Names Do Not Reflect Any Person, Caste, Or Religion Under Policy Guidelines: Rajasthan High Court Section 138 NI Act | Complainant Must Prove Proprietorship Of Firm To Establish Status As 'Payee' Or 'Holder In Due Course': Himachal Pradesh High Court

When commercial quantity is recovered, can bail be granted without meeting twin conditions? [NDPS Act]

07 May 2024 2:49 AM

By: Admin


A single bench of the Punjab and Haryana High Court has referred the case to the Chief Justice for the formation of a larger bench after taking note of the divergent opinions of co-ordinate benches regarding the applicability of Section 37(1)(b) of the NDPS Act in bail matters where accused booked for possession of commercial quantity have been in custody for a significant amount of time.

Justice Sudhir Mittal issued an order saying, "In light of the difference of opinion referred to above, let this matter be placed before Hon'ble the Chief Justice for constituting a Larger Bench to settle the issue of fulfilment of the twin conditions prescribed in Section 37(1)(b) of the Act before grant of bail in a case of recovery of commercial quantity under the Act."

The matter came up in court when it was hearing an accused person's third bail application in a case where it was claimed that 15 injections of buprenorphine and 11 injections of pheniramine maleate (10 ml each) had been recovered (2 ml each).

While the accused's initial request for bail was denied in October 2020 on the grounds that he had only been detained for three months and 19 days and that numerous criminal cases were still pending against him, his second request for bail was denied because he did not meet the requirements outlined in Section 37 of the Act.

In the third application, his attorney argued that because he had spent more than two years in custody, he should be freed on bail without regard to the restrictions imposed by Section 37(1)(b) of the Act.

He cited judgments in the cases of Dheeren Kumar Jaina v. Union of India, SLP (Criminal) No. 4432 of 2021, Nitish Adhikary @ Bapan v. State of West Bengal, SLP (Criminal) No. 5769-2022, and high court judgments in the cases of Naveen v. State of Haryana, 2022 (1) RCR (Criminal) 553, Charanjit Singh @ Amritpal

The prosecution argued that the twin requirements outlined in Section 37(1)(b) of the Act must be met in circumstances of commercial quantity recovery. It cited the rulings in Union of India (NCB) Etc. v. Khalil Uddin, SLP (Criminal) Nos. 5505 & 5506 of 2022 and the Satnam Singh v. State of Punjab, CRM-M-43795-2020 judgement by the high court.

Regarding the applicability of Section 37(1), Justice Mittal said that there are two sets of decisions with conflicting opinions (b).

Regarding the petitioner's particular case, the court dismissed it in light of the requirements outlined in Section 37(1)(b) of the Act and while taking into account the fact that the trial was almost over. The trial court was ordered by the bench to wrap up the case as soon as possible "As was mentioned above, the petitioner's second plea for bail was denied because he was unable to demonstrate compliance with the twin requirements set forth in Section 37(1)(b) of the Act. The judgments on which the petitioner has relied do not support him since no new information has been introduced to the record to support a different conclusion. None of these rulings state that a different perspective may be adopted in a subsequent bail application, even if the circumstances remain the same "the tribunal.

Samdarsh Kumar @ Joseph vs State of U.T. Chandigarh

Latest Legal News