Khushal Pal Alias Prince vs State Of Haryana

Headnote AI-drafted · Reviewed and approved

The petitioner was arrested in connection with FIR No. 216 dated 13.03.2023 registered at Police Station Sadar, Karnal, under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for alleged possession of 1800 Alprazolam tablets weighing 225 grams, constituting a commercial quantity. The petitioner sought regular bail under Section 439 CrPC before the Punjab and Haryana High Court. The quantity involved attracted the rigors of Section 37 of the NDPS Act, requiring the petitioner to satisfy the twin conditions prescribed thereunder.

The Court considered a series of Supreme Court precedents wherein bail had been granted in NDPS matters involving commercial quantities on the ground of prolonged pre-trial incarceration and slow progress of trial, including Chitta Biswas v. State of West Bengal (2020), Rajib Dey v. State of West Bengal (2023), Ismaul Sk v. State of West Bengal (2024), Najrul Islam @ Najbul Hoque v. State of West Bengal (2024), and Nandalal Mondal @ Abhay Mondal v. State of West Bengal (2024). The Court found that continued pre-trial incarceration would cause irreversible injustice to the petitioner and his family.

Relying on the principle that prolonged custody without conclusion of trial can itself be a ground for bail even in commercial quantity NDPS cases, the High Court allowed the bail application and directed release of the petitioner subject to appropriate terms and conditions to be fixed by the Trial Court.

Catchwords: bail · NDPS Act · commercial quantity · Alprazolam tablets · prolonged incarceration · Section 37 NDPS · twin conditions · Section 439 CrPC · pre-trial detention · narcotic drugs

NDPS Act