Arif vs State Of Punjab

Headnote AI-drafted · Reviewed and approved

The petitioner was arrested in connection with FIR No. 181 dated 13.06.2023 registered at City Kharar, District SAS Nagar, under Sections 22, 61 and 85 of the NDPS Act, 1985, arising out of a chance recovery of 45 bottles of Chlorpheniramine Maleate & Codeine Phosphate Syrup from his possession, which constituted a commercial quantity. The petitioner moved the Punjab & Haryana High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail, having no criminal antecedents.

The Court held that although the commercial quantity involved attracted the twin conditions under Section 37 of the NDPS Act, the petitioner was entitled to bail on account of prolonged pre-trial incarceration. The Court placed reliance on a series of Supreme Court decisions in cases involving similar contraband—codeine phosphate-containing cough syrup bottles—where bail was granted despite the rigors of Section 37, primarily on grounds of prolonged custody and slow progress of trial.

Following the judicial precedents laid down by the Supreme Court in Chitta Biswas v. State of West Bengal, Rajib Dey v. State of West Bengal, Ismaul Sk v. State of West Bengal, Najrul Islam @ Najbul Hoque v. State of West Bengal, and Nandalal Mondal @ Abhay Mondal v. State of West Bengal, the High Court allowed the bail petition, holding that further pre-trial incarceration would cause irreversible injustice to the petitioner and his family.

Catchwords: bail · NDPS Act · commercial quantity · codeine phosphate · prolonged incarceration · twin conditions · Section 37 NDPS · chance recovery · cough syrup · pre-trial detention · Bharatiya Nagarik Suraksha Sanhita

NDPS Act