Pranav B Prem

The Punjab & Haryana High Court has ruled that the stringent bail restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) can be relaxed when the alleged recovered contraband is only "marginally above" the commercial quantity. The judgment was delivered by Justice Jasjit Singh Bedi, granting bail to the petitioner.

Section 37 NDPS Act and Its Applicability

Section 37 of the NDPS Act imposes a bar on granting bail for offences involving commercial quantities unless the accused meets two conditions: (i) the court must be satisfied that there are reasonable grounds to believe that the accused is not guilty, and (ii) the accused is not likely to commit any offence while on bail. However, in certain circumstances where the recovered quantity is just marginally above the commercial threshold, courts have shown leniency in granting bail.

Court's Observation on 'Marginally Above' Commercial Quantity

In the present case, the alleged recovery from the petitioner was 261 grams of a narcotic substance containing Tramadol Hydrochloride, whereas the prescribed commercial quantity is 250 grams. The Court noted: "The alleged recovery from the petitioner is of 261 grams of a narcotic substance containing the sale of 'Tramadol Hydrochloride' which is marginally above the commercial quantity of 250 grams. The petitioner is a first-time offender with no other case under the NDPS Act registered against him. In this situation, the provisions of Section 37 of the NDPS Act can be relaxed to an extent and the case of the petitioner can be considered for the grant of bail."

Case Background and Arguments

The petitioner, Gurprabh Singh @ Prince, was apprehended with 261 grams of Tramadol Hydrochloride. During the investigation, he disclosed that the contraband was provided by his brother Jaskaran Singh @ Jass, who had already been granted bail by the Special Court, Hoshiarpur. The petitioner's counsel argued that:

 

• There was a violation of the mandatory search and seizure provisions.

• No independent witness was included in the recovery process.

• The recovered quantity was marginally above the commercial threshold.

• The petitioner had no prior NDPS cases against him.

• He had been in custody since September 13, 2023, and none of the 13 prosecution witnesses had been examined so far.

• A co-accused had already been granted bail in the same case.

The prosecution, on the other hand, opposed the bail, emphasizing the seriousness of offences under the NDPS Act and contending that commercial quantity recovery bars bail under Section 37. However, the State acknowledged that the petitioner was a first-time offender and had been in custody for a significant period without progress in the trial.

Reliance on Precedents

Justice Bedi referred to several prior judgments where courts had granted bail in cases where the contraband quantity was only slightly above the commercial limit. The High Court cited cases such as Sukhchain Singh @ Manga v. State of Punjab, Pardeep Singh v. State of Punjab, and Gagandeep v. State of Punjab, among others, where similar circumstances led to the relaxation of Section 37's bail restrictions.

Decision and Conditions for Bail

Without commenting on the merits of the case, the Court granted bail, stating: "Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Gurprabh Singh @ Prince is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned."

The Court imposed strict conditions on the petitioner:

1. He must appear on the first Monday of every month before the police station concerned until the conclusion of the trial.

2. He must furnish an affidavit each time, affirming that he is not involved in any other criminal case.

3. An FDR of Rs. 2,00,000/- must be deposited with the Trial Court, which would be liable for forfeiture if the petitioner fails to appear for trial without sufficient cause.

Cause Title: Gurprabh Singh @ Prince v. State of Punjab

Case No: CRM-M-50716-2024

Neutral Citation: 2025:PHHC:027809

Bench: Justice Jasjit Singh Bedi

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