P&H : Grants Bail In 34 Kg Ganja NDPS Case, Cites Every Day Spent in Custody Can Give a Fresh Cause to Seek Bail.

punjab-haryana
⚖️ Order Date: 04 May 2026
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Successive bail applications - Maintainability - Earlier bail applications withdrawn does not bar a fresh bail plea where custody continues. (Para 7)

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Successive bail applications - Maintainability - Every day spent in custody can furnish a fresh cause for moving bail and successive application can be considered on its own merits. (Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985, S.37, Criminal Procedure Code, 1973, S.436-A - Bail - Contraband - Prolonged incarceration and trial delay - Constitutional guarantee of personal liberty and mandate of S.436-A Cr.P.C. permit consideration of bail notwithstanding embargo in S.37 of NDPS Act,...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Law prefers bail over jail — Detention prior to trial should not become punitive and prolonged detention is itself a ground for reconsideration of bail. (Para 7)

Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.37, 20-C, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - Recovery of 34 kg ganja from vehicle - Commercial quantity - None of 23 PWs examined - Trial is not likely to be concluded in near...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 - Bail - On parity basis - Co-accused already granted regular bail is a relevant factor along with long incarceration and delay. (Para 12)


Facts of the Case

P&H : Grants Bail In 34 Kg Ganja NDPS Case, Cites Every Day Spent in Custody Can Give a Fresh Cause to Seek Bail.

 

High Court has granted regular bail to a man accused of transporting 34 kg of ganja, noting that his continued detention for over 19 months and the slow pace of trial warranted relief despite the rigours of Section 37 of the NDPS Act. Court decided the third bail petition filed by u/s 483 of BNSS.

According to the prosecution, a police team intercepted a car on 24 July 2024 and recovered two plastic bags containing 34 kg of ganja. No contraband was recovered from the personal search of the occupants. The car owner was exonerated as he had only hired...

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