P&H: Grants Bail in NDPS Matter, Says Continued Custody Illegal After Stay on Prosecution Direction

punjab-haryana
⚖️ Order Date: 03 Jun 2026
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 — Bail — At initial stage any challan against petitioner was not filed by investigation agency and operation of the order directing investigation and prosecution of the petitioner had been stayed by High Court, there could be no justification in...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 — Stay of operation of trial Court — The petitioner had already challenged the observations of the judgment by filing petition under Section 528 BNSS, and High Court had stayed operation of said direction - Despite the stay, trial Court dismissed the...


Facts of the Case

P&H: Grants Bail in NDPS Matter, Says Continued Custody Illegal After Stay on Prosecution Direction

The Punjab and Haryana High Court has granted bail in a narcotics case, observing that his continued detention could not be justified when the very foundation for his prosecution had already been stayed by the Court.

The case arose from an FIR registered under Section 22 of the NDPS Act after 15,500 Tramadol tablets were allegedly recovered from Amit Mittal alias Happy. Two other accused were later added during investigation, and the case went to trial before the Special Judge, Bathinda.

During that trial, Narayan Dass appeared as a defence witness. In its judgment dated 9 May 2023, the trial...

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