The Punjab & Haryana High Court in Ghanso @ Kalo v. the State of Punjab on account of delay in the conclusion of the trial, rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act can be relaxed to an extent and prayer of the accused of bail can be considered despite that she was found in possession of a commercial quantity of contraband.
The Court also referred to Chitta Biswas @ Subhas v/s The State of West Bengal in which the Supreme Court granted concession of regular bail where the recovery was of commercial quantity of phensydryl cough syrup and 04 out of 10 witnesses had been examined and the accused had been in custody for approximately 01 year and 07 months.
In the case of Amit Singh Moni Vs. State of Himachal Pradesh where the recovery was was of 3kg 285 grams of Charas. The Supreme Court granted bail after the accused had undergone a total custody period of 02 years and 07 months.
In the case of Vipan Sood Vs. State of Punjab & Anr. CRMM-20177-2020(O&M) Decided on 25.02.2021 this Court had granted the concession of regular bail to the petitioner from whom there had been a recovery of 3.8 Kgs of Charas after he had undergone a total custody period of 01 year and 07 months. The NCB filed an SLP against the said order and the same came to be dismissed by the Hon'ble Supreme Court vide 24.08.2021 in Special Leave to Appeal (Crl.) No(s).5852/2021.
On perusal of the Judgments of the Supreme Court in this regard the Court observed that “on account of delay in the conclusion of the trial, the rigors of Section 37 of the NDPS Act can be relaxed to an extent and the prayer of the accused for grant of bail can be considered despite the fact that she has been found in possession of commercial quantity of contraband.”