Yuvraj Alias Yuvi vs State Of Punjab

Headnote AI-drafted · Reviewed and approved

The petitioner was arrested on 03.10.2023 in connection with FIR No. 225 registered at Police Station Mahilpur, District Hoshiarpur, under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), arising out of a chance recovery of 71 loose intoxicant injections of Buprenorphine Hydrochloride from his possession, with the FSL report confirming the total weight of 3.988 grams constituting commercial quantity. The petitioner, having clean criminal antecedents, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Although the commercial quantity of the contraband attracted the rigours of Section 37 of the NDPS Act and the twin conditions thereunder, the High Court took into account the prolonged pre-trial incarceration of the petitioner and the slow progress of trial. Relying upon a series of Supreme Court precedents wherein bail was granted on the ground of extended custody in NDPS matters involving commercial quantities, the Court held that the petitioner had made out a case for bail.

The petition for regular bail was allowed subject to appropriate terms and conditions to be imposed by the Trial Court, with the petitioner being directed to be produced before the Trial Court within a specified period. The petitioner's counsel gave an undertaking that the petitioner would not indulge in offences involving commercial or intermediate quantities or offences falling under Sections 19, 24 or 27A of the NDPS Act, failing which the State would be at liberty to seek cancellation of bail.

Catchwords: bail · NDPS Act · commercial quantity · Buprenorphine · Section 37 twin conditions · prolonged incarceration · pre-trial custody · chance recovery · FSL report · regular bail · BNSS Section 483

NDPS Act