P&H: Grants Bail in Opium Case, Says Non-Commercial Recovery Takes Matter Outside S.37 NDPS Rigour.

punjab-haryana
⚖️ Order Date: 10 Sep 2026
Headnotes

Narcotic Drugs and Psychotropic Substnaces Act, 1985, S.18(C), Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Contraband - Second bail application - Petitioner had suffered incarceration for 7 months and 3 days - Challan had been presented - 15 PWs were cited but none had been examined and...

Narcotic Drugs and Psychotropic Substnaces Act, 1985, S.18(C), Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Contraband - Second bail application - Recovery of 615 grams of opium -  Contraband being non-commercial in nature - Rigour of S.37 NDPS did not apply while considering plea for bail...

Narcotic Drugs and Psychotropic Substnaces Act, 1985, S.18(C), Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Contraband - Bail -Antecedents of a person are required to be accounted for while considering a bail petition preferred by him - However, this factum cannot be a ground sufficient by...


Facts of the Case

P&H: Grants Bail in Opium Case, Says Non-Commercial Recovery Takes Matter Outside S.37 NDPS Rigour.

The Punjab and Haryana High Court has granted regular bail to a man arrested in an NDPS case involving recovery of 615 grams of opium. Justice Sumeet Goel said the quantity recovered was non-commercial, so the strict bar under Section 37 of the NDPS Act would not apply.

The petitioner had moved a second bail plea under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. His counsel argued that he had been in custody since 6 February 2026, that mandatory NDPS safeguards were not followed, and that he was falsely implicated. It was also submitted that he was the...

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