Can allow regular bail in commercial quantity cases: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, December 15

The Punjab and Haryana High Court has ruled that the benefit of suspension of sentence or concession of regular bail can be granted in cases involving recovery of commercial quantity of narcotic drugs and substances. Justice Vikas Bahl made it clear that the ruling was applicable in cases where reasonable grounds were raised by the applicant-appellant to show that he was not guilty and also where the custody period was substantial.

The ruling is significant as the NCB in the case had referred to Supreme Court judgments to contend that suspension of sentence in a case of commercial recovery could not be granted and only the appeal could be heard on merits.

The matter was brought to Justice Bahl’s notice after a convict in a drugs case, sentenced to rigorous imprisonment for 10 years, sought suspension of remaining sentence during the pendency of his appeal by filing a plea through senior counsel GK Mann with advocates Gursewak Singh and Maan Akashdeep Singh.

Justice Bahl added perusal of a judgment referred to by the NCB revealed it did not even remotely further the counsel’s argument that suspension of sentence could not be granted in a case of commercial quantity’s recovery. It was observed by the Supreme Court in the judgment that the sentence could be suspended after the due satisfaction of the court.

Justice Bahl asserted: “It was further observed that the satisfaction to be contemplated is to be based on reasonable grounds and the reasonable grounds are something more than prima facie grounds.” It was also observed that giving a finding of “not guilty” was not necessary while deciding the application for bail/suspension of sentence. Required to be seen was whether reasonable grounds existed for believing that the accused was not guilty of the offences he was charged with and further that he was not likely to commit the offence under the Act while on bail.

“Even the judgment of the Supreme Court in ‘Lokesh Chadha case’ cited by the counsel for the respondent-NCB fails to support the proposition sought to be raised by the counsel for the NCB…. It is apparent that the benefit of suspension of sentence/concession of regular bail can be granted in cases involving recovery of commercial quantity of narcotic drugs/substances, where there are reasonable grounds raised by the applicant-appellant to show that he is not guilty and also where the period of custody is substantial,” Justice Bahl added.

Allowing the plea, Justice Bahl added it was not in dispute that the applicant-appellant had been in custody for more than four years and was not involved in any other case under the NDPS Act. Besides, there were several arguable points in the appeal.

Convict sought suspension of imprisonment

The matter was brought to Justice Vikas Bahl’s notice after a convict in a drugs case, sentenced to rigorous imprisonment for 10 years, sought suspension of remaining sentence during the pendency of his appeal by filing a plea.