P&H: Grants Bail In NDPS Case of 21 Kg 400 g ganja Marginally above non-commercial, Says Section 37 Rigour Diluted By Article 21 When Trial Is Delayed
The Punjab and Haryana High Court has granted regular bail to a man arrested under the NDPS Act after noting that the trial had not progressed for over eight months of custody and that the seized ganja was only marginally above the threshold separating non‑commercial and commercial quantity. The prosecution alleged recovery of 21.4 kg of ganja from the petitioner and co‑accused.
The defence argued that mandatory NDPS procedures were not followed, that the alleged recovery was just over the non‑commercial threshold, and that the trial was delayed. The State opposed bail citing the bar under Section 37 NDPS Act....
