Jodha Singh Alias Johny v. State of Punjab
NDPS Act – Regular bail – Section 37 twin conditions
Case brief
What is this about?
CRM-M-4011-2025, Jodha Singh alias Johny v. State of Punjab, Punjab & Haryana High Court at Chandigarh, decided 06.08.2025 by Justice Jasjit Singh Bedi: regular bail sought under Section 483 BNSS, 2023 in FIR No.0119 dated 03.07.2024, Sections 21(C), 61, 85 NDPS Act, P.S. Gate Hakima, Amritsar; 503 grams heroin (commercial quantity) recovered; Section 37 NDPS twin satisfaction not recordable owing to commercial recovery and pending FIR No.260 dated 05.12.2023 (Ss.21/25/29 NDPS, P.S. Gharinda), habitual-offender contention by State; custody since 03.07.2024, 12 prosecution witnesses unexamined; petition dismissed, bail refused.
What did the court decide?
Since commercial quantity of contraband was admittedly recovered from the petitioner's possession and he is an accused in another FIR under the NDPS Act, the satisfaction required in terms of Section 37 NDPS Act — that he has not committed an offence and is not likely to commit one in future — cannot be recorded; he is therefore not entitled to bail.