Paramjeet Singh @ Paramjit Singh vs State Of Punjab

Headnote AI-drafted · Editorially reviewed

The petitioner was arrested on 04.10.2023 in connection with FIR No. 206 registered at Police Station Sidhwa Bet, District Ludhiana, under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 added later), involving seizure of 90 kgs of poppy husk (commercial quantity) from a vehicle in which the petitioner was travelling as a passenger. The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after having undergone custody of approximately 1 year, 5 months and 24 days.

The High Court held that although the quantity involved was commercial and the twin conditions under Section 37 of the NDPS Act were applicable, prolonged pre-trial incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution of India. The Court relied on a series of Supreme Court precedents wherein bail was granted on the ground of prolonged custody even in cases involving commercial quantities under the NDPS Act, and held that the petitioner was entitled to bail subject to stringent conditions.

The Court granted regular bail to the petitioner directing him to be produced before the Trial Court, with conditions including that the petitioner shall not indulge in offences involving commercial or intermediate quantity or offences under Sections 19, 24 or 27-A of the NDPS Act, and that the State would be at liberty to seek cancellation of bail in the event of any breach.

Catchwords: bail NDPS Act commercial quantity poppy husk prolonged incarceration Article 21 Section 37 twin conditions Bharatiya Nagarik Suraksha Sanhita regular bail pre-trial custody