Kulwant Singh vs State Of Punjab

Headnote AI-drafted · Reviewed and approved

The petitioner filed a third petition for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, arising out of FIR No.221 dated 01.11.2023 registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Fazilka, District Fazilka. The petitioner was apprehended during a police patrolling operation based on a tip-off, and a total of 1200 strips of Covidol 100 SR (Tramadol) tablets weighing 5.16 kg were recovered from the vehicle, with a further 1650 strips weighing 7.1115 kg recovered from the fuel tank pursuant to the accused's disclosure statement, the aggregate constituting commercial quantity.

The petitioner contended innocence, absence of independent witnesses, procedural lapses in seizure and search, non-compliance with Section 42 of the NDPS Act, grant of bail to co-accused, and prolonged incarceration exceeding two years and three months with trial progressing slowly — only two of twenty-seven witnesses examined. The State opposed bail on the ground that the contraband fell within commercial quantity, attracting the twin conditions under Section 37 of the NDPS Act, and highlighted the petitioner's antecedents in multiple cases including NDPS matters.

The High Court examined the record including the custody certificate and reply affidavit of the Deputy Superintendent of Police, and considered the legal principles laid down by the Supreme Court regarding bail in cases involving commercial quantities of narcotic substances, including the requirement that the Court must be satisfied that there are reasonable grounds for believing the accused is not guilty and is not likely to commit any offence while on bail before bail can be granted despite opposition by the Public Prosecutor.

Catchwords: bail · third bail petition · NDPS Act · commercial quantity · Tramadol · twin conditions · Section 37 NDPS Act · Section 483 BNSS · prolonged incarceration · independent witness · Section 42 NDPS Act · co-accused bail · antecedents · narcotic drugs