Jaswinder Kaur Alias Seema Alias Jassi vs State Of Haryana

Headnote AI-drafted · Reviewed and approved

The petitioner was arrested in connection with FIR No. 579 dated 01.11.2023 registered at Sadar Fatehabad Police Station under Sections 22(c) and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, for alleged possession of 65 vials of WINCEREX 100 ML Codeine Phosphate and Triprolidine Hydrochloride Syrup. The FSL report confirmed the presence of Codeine Phosphate with an average weight of 1.190 gm per vial, and the quantity was held to be of commercial nature, thereby attracting the twin conditions under Section 37 of the NDPS Act.

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that prolonged pre-trial incarceration would cause irreversible injustice. The petitioner declared no criminal antecedents. The High Court considered a series of Supreme Court precedents involving similar contraband — namely Codeine Phosphate-containing cough syrups in commercial quantities — where bail was granted on account of prolonged incarceration and slow trial progress.

Relying on the judicial precedents laid down by the Supreme Court in Chitta Biswas, Rajib Dey, Ismaul Sk, Najrul Islam, and Nandalal Mondal, the High Court held that despite the rigors of Section 37 of the NDPS Act, the petitioner was entitled to bail given the prolonged custody and the unlikely early conclusion of trial. The bail petition was accordingly allowed subject to conditions to be imposed by the Trial Court.

Catchwords: bail · NDPS Act · commercial quantity · Codeine Phosphate · Section 37 NDPS Act twin conditions · prolonged incarceration · pre-trial detention · cough syrup · Bharatiya Nagarik Suraksha Sanhita · regular bail · narcotic drugs

NDPS Act