Baljit Alias Grari vs State Of Punjab

Headnote AI-drafted · Editorially reviewed

The petitioner, arrested on 17.10.2023 in connection with FIR No. 0122/2023 registered under Section 22 of the NDPS Act, 1985 at Police Station City Nakodar, District Jalandhar Rural, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The alleged seizure involved 100 intoxicant tablets containing the salt Etizolam, constituting a commercial quantity, thereby attracting the stringent twin conditions under Section 37 of the NDPS Act.

The Punjab and Haryana High Court, considering that the petitioner had been in custody for over one year, one month and twenty-two days as of the date of the custody certificate, held that prolonged incarceration militates against the fundamental right to liberty guaranteed under Article 21 of the Constitution of India. Relying on a series of Supreme Court precedents where bail was granted on account of prolonged pre-trial custody in NDPS matters involving commercial quantities, including Chitta Biswas, Rajib Dey, Ismaul Sk, Najrul Islam and Nandalal Mondal, the Court found that the petitioner had made out a case for bail.

The Court granted bail subject to stringent conditions, including the petitioner's undertaking not to indulge in offences involving commercial or intermediate quantity or offences under Sections 19, 24 and 27-A of the NDPS Act, with liberty to the State to seek cancellation of bail in all pending NDPS FIRs in case of any violation.

Catchwords: bail NDPS Act commercial quantity Etizolam Section 22 NDPS Act Section 37 NDPS Act twin conditions prolonged incarceration Article 21 right to liberty pre-trial custody BNSS Section 483 regular bail