Brijesh Singh vs State Of Punjab

Headnote AI-drafted · Editorially reviewed

The petitioner was arrested pursuant to the disclosure statement of a co-accused and was alleged to be in possession of commercial quantity of pharmaceutical preparations containing Tramadol hydrochloride, Dicyclomine hydrochloride, Aceclofenac, Diclofenac Sodium salt and Paracetamol, thereby attracting the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner, who had clean antecedents, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that continued pre-trial incarceration would cause irreversible injustice to him and his family.

The Court held that although the quantity allegedly recovered was commercial and the twin conditions under Section 37 of the NDPS Act were applicable, the petitioner was entitled to bail on account of prolonged incarceration and the slow progress of trial, relying upon a series of Supreme Court precedents in which bail was granted in similar NDPS matters involving extended custody. The petitioner's counsel also undertook on instructions that the petitioner would not indulge in offences involving commercial or intermediate quantities or offences under Sections 19, 24, or 27A of the NDPS Act, and would not object to cancellation of bail in the event of any such violation.

Bail was accordingly granted subject to stringent conditions, including the condition that the petitioner shall not commit any offence involving commercial or intermediate quantities and shall cooperate with the trial court proceedings. The petition was thus allowed.

Catchwords: NDPS Act regular bail commercial quantity Section 37 twin conditions prolonged incarceration Tramadol hydrochloride Dicyclomine hydrochloride Alprazolam pharmaceutical preparations Bharatiya Nagarik Suraksha Sanhita Section 483 BNSS clean antecedents pre-trial detention disclosure statement FSL report