AI Structured Summary
Not yet generated for this judgment
Judgment
SUMEET GOEL, J. (ORAL)
Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing NCB Crime No.03 dated 30.01.2025 registered for the offences punishable under Sections 8, 18, 23 and 29 of the NDPS Act, 1985, at Police Station NCB Chandigarh Zonal Unit, Mohali, District Mohali.
The case in hand pertains to recovery of 165 grams of opium.
Learned counsel for the petitioner has urged that the petitioner is in custody since 18.05.2025 and is in continuous custody since then. He has further urged that the NCB has filed the requisite complaint on 13.07.2026. Learned counsel appearing for the petitioner has further urged that the contraband alleged to have been recovered qua the crime number in question is 165 grams of opium, which is non-commercial in nature & hence the rigors of Section 37 of NDPS Act would not apply. Learned counsel has further iterated that mandatory provisions of NDPS Act have not been scrupulously complied with by the NCB and the case suffers from inherent defects. Thus, regular bail is prayed for.
Learned Special Public Prosecutor, NCB, has filed reply in Court today, which is taken on record. Raising submissions in tandem with the said reply, learned Special Public Prosecutor has opposed the grant of regular bail to the petitioner by iterating that the petitioner was actively involved in supplying/sending opium from India to Canada by hiding the same in Air Musical Pressure Horn. He has, thus, urged that the petitioner ought not to be extended the concession of regular bail, keeping in view the seriousness of the offence in question. Thus, dismissal of the petition in hand is entreated for.
I have heard counsel for the rival parties and have gone through the available records of the case.
The petitioner was arrested on 18.05.2026 and is stated to be in continuous custody since then. The complaint in question was filed on 13.07.2026 wherein 14 witnesses have been cited, but none has been recorded till today, as even charges have been framed on 03.08.2026. The contraband alleged to have been recovered qua the case in question is 165 grams of opium, which is indubitably non-commercial in nature & hence rigors of Section 37 of NDPS Act do not apply. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.
Further, as per custody certificate dated 24.08.2026, the petitioner has suffered incarceration for a period of 3 months and 5 days & is a man with clean antecedents.
Keeping in view the entirety of the factual milieu of the case in hand, this Court deems it appropriate that further detention of the petitioner as an undertrial is not warranted qua the case in hand, in the facts and circumstances of the case.
In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:
The petitioner shall not mis-use the liberty granted.
The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
The petitioner shall not absent himself on any date before the trial.
The petitioner shall not commit any offence while on bail.
The petitioner shall deposit his passport, if any, with the trial Court.
The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
The petitioner shall not in any manner try to delay the trial.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
Ordered accordingly.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.