Sarabjit Singh Alias Jatt Alias Aman vs State Of Punjab

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The petitioner was arrested on 14.08.2023 in connection with FIR No. 203 registered at Model Town, District Hoshiarpur, under Sections 22, 61 and 85 of the NDPS Act, 1985, for alleged chance recovery of 15 Buprenorphine injections IP Leegesic, a commercial quantity. The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after undergoing custody of 1 year, 7 months and 17 days as on 01.04.2025.

The High Court noted that although the commercial quantity involved triggered the twin conditions and rigors of Section 37 of the NDPS Act, prolonged pre-trial incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution. Relying on a series of Supreme Court precedents wherein bail was granted in NDPS matters involving similar contraband on account of prolonged custody and slow trial progress, the Court held that the conditional liberty of the petitioner must override the statutory embargo under Section 37(1)(b)(ii) of the NDPS Act.

The petitioner was accordingly granted regular bail subject to stringent conditions, including a condition that if the petitioner involves himself in offences relating to commercial or intermediate quantity or offences under Sections 19, 24 or 27-A of the NDPS Act, the State would be at liberty to seek cancellation of bail in all pending NDPS FIRs against him.

Catchwords: bail NDPS Act commercial quantity Buprenorphine injections Section 37 NDPS twin conditions prolonged incarceration Article 21 fundamental rights BNSS Section 483 regular bail pre-trial detention criminal antecedents