Maninder Pal Singh Sodhi vs State Of Punjab

Headnote AI-drafted · Reviewed and approved

The petitioner, incarcerated pursuant to FIR No. 78 dated 02.07.2022 registered at Phase-11, SAS Nagar under Sections 22, 25, 27-A, 29 and 61 of the NDPS Act, 1985, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged a chance recovery of 600 tablets of Lomotil and 144 capsules from a co-accused, who during interrogation disclosed the petitioner as the owner of the drugs, leading to the petitioner's arrest on 10.06.2023. The petitioner had four prior criminal antecedents, all under the NDPS Act, and his bail had previously been rejected by the Sessions Court as well as by this Court on two occasions.

The quantity involved being commercial, the rigours of Section 37 of the NDPS Act were held applicable, requiring the petitioner to satisfy the twin conditions prescribed thereunder. However, the Court observed that the Hon'ble Supreme Court had, in a series of judgments involving prolonged pre-trial incarceration in NDPS matters relating to similar contraband such as phensedyl/codeine-based cough syrups, granted bail on account of the slow progress of trials and extended custody periods, without expressing opinions on the merits of the cases.

Relying on the Supreme Court precedents in Chitta Biswas v. State of West Bengal, Rajib Dey v. State of West Bengal, Ismaul Sk v. State of West Bengal, Najrul Islam @ Najbul Hoque v. State of West Bengal, and Nandalal Mondal @ Abhay Mondal v. State of West Bengal, the Court held that the petitioner was entitled to bail on account of prolonged custody, and proceeded to consider the matter accordingly.

Catchwords: bail · NDPS Act · commercial quantity · Section 37 · prolonged incarceration · pre-trial custody · Lomotil tablets · chance recovery · twin conditions · Bharatiya Nagarik Suraksha Sanhita

NDPS Act