P&H: 100 Kg Poppy Husk, Implication rested primarily on statement of witness, Grants Bail in NDPS Case, Says Speedy Trial Right Cannot Be Overlooked

punjab-haryana
⚖️ Order Date: 27 Jul 2026
Headnotes

(i) Narcotic Drugs and Psychotropic Substances Act, 1985, S.37, Constitution of India, Article 21 — Bail — Nominated accused — Restrictive bail conditions — Section 37 cannot be applied so rigidly as to compel indefinite incarceration of an undertrial merely because the trial has not progressed —...

(ii) Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 —  Bail — 100 Kg Poppy Husk — No recovery was effected from the conscious possession of petitioner and his implication rested primarily on  statement of co-accused or witness —  Petitioner cannot be subjected to...

(iii) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.15, 25, 29, 37 — Bail — 100 Kg Poppy Husk — No recovery was effected from the conscious possession of petitioner and his implication rested primarily on  statement of co-accused or witness — Evidentiary worth, credibility...


Facts of the Case

P&H: 100 Kg Poppy Husk, Implication rested primarily on statement of witness, Grants Bail in NDPS Case, Says Speedy Trial Right Cannot Be Overlooked

The Punjab and Haryana High Court has granted regular bail to Mithu Khan in an NDPS case, holding that prolonged incarceration of an undertrial cannot continue indefinitely when the trial is not moving forward and the delay is not attributable to the accused.

The petitioner had sought bail in an FIR registered under Sections 15 and 25 of the NDPS Act, with Section 29 added later. The prosecution alleged recovery of 100 kilograms of poppy husk from a vehicle after a secret tip-off. The petitioner was later nominated during investigation.

His counsel argued that no recovery was made from his...

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