Ajay Kumar, charged under NDPS Act, allowed six-week interim bail to care for wife and newborn child, subject to strict conditions.
In a significant ruling, the Punjab and Haryana High Court has granted interim bail to Ajay Kumar, an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, based on humanitarian grounds. Justice Sanjay Vashisth presided over the case, acknowledging the need for Kumar to support his wife, who recently gave birth, and their newborn child.
Ajay Kumar, who is facing serious charges under the NDPS Act, had petitioned for interim bail citing the necessity to care for his wife, Kirandeep Kaur, and their newly born daughter. The court was informed that Kumar's wife was previously hospitalized due to her advanced pregnancy and had recently given birth on January 5, 2026.
Despite the gravity of the charges, which include the recovery of a significant quantity of narcotic pills from Kumar's possession, the court was persuaded to consider the humanitarian aspect of the case. The Additional Advocate General, Punjab, representing the state, expressed concerns about the potential for Kumar to abscond if granted bail, given the severity of the charges.
However, Justice Vashisth, after considering the status report and the arguments presented by both parties, decided to grant interim bail for a period of six weeks. The bail is contingent upon Kumar furnishing bail/surety bonds and depositing a bank guarantee of Rs. 5,00,000 with the court. The court emphasized that Kumar must surrender back to the jail authorities on February 23, 2026, by 5:00 PM, to comply with the bail conditions.
The court's decision highlights the balance between the strict enforcement of the NDPS Act and the consideration of personal and family circumstances that may warrant temporary relief. This ruling underscores the judiciary's role in addressing the human aspects of legal proceedings while ensuring that conditions are set to prevent any misuse of bail privileges.
The matter is scheduled for review on February 25, 2026, to ascertain compliance with the court's directions.
Bottom Line:
Interim bail can be granted to an accused under NDPS Act for a limited period on humanitarian grounds such as to look after the well-being of a spouse and newborn child, subject to strict conditions.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22
Ajay Kumar v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2838795
