- In Ghanso @ Kalo vs State of Punjab the Hon’ble HC of Punjab and Haryana has held that the bail application of an accused can be considered despite the fact that she was found in possession of commercial quantity of the contraband, and thus the rigors of section 37 of the NDPS Act can be relaxed, if there is a considerable delay in the conclusion of the trial.
- It is important to note here that section 37 of the NDPS Act bars the grant of bail to persons who are accused of offences punishable under section 19, 24 or 27A of the Act, or in cases involving commercial quantity. The limitations provided in this section are in addition to the restrictions mentioned in CrPC for the grant of bail.
- In the present case, 500 grams of heroin was recovered from the car of the accused/petitioner, of which she was the owner. She had been in custody since 2019, and only 3 out of 32 witnesses had been examined so far.
- It was also contended that the accused was only 37 years old, and that her husband had passed away, due to which the responsibility of taking care of her children rests solely on her shoulders.
- The Hon’ble HC relied upon the judgement of the Hon’ble SC in the cases of Chitta Biswas @ Subhas vs State of West Bengal (2020) and Amit Singh Moni vs State of Himachal Pradesh (2020) wherein the Apex Court had considered the grant of regular bail even in cases involving commercial quantity of the contraband, where there is a delay in the conclusion of the trial and the accused had already undergone a substantial period of custody.
- Thus, in light of the plethora of judgements of the Apex Court and the various HCs, the Hon’ble HC was of the opinion that the rigors of section 37 of NDPS Act can be relaxed to an extent and the prayer of bail can be considered despite the fact that the accused has been found with the commercial quantity of the contraband.
- Thus, the petition was allowed and the accused was released on bail.
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