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Friday, October 2, 2026 Jaipur Edition
Supreme Court of India
Criminal Law

Supreme Court Grants Regular Bail to Accused Facing NDPS Trial in Kangra Case

The Supreme Court allowed an appeal against the Himachal Pradesh High Court's refusal of regular bail to an accused facing trial under Sections 20, 25 and 29 of the NDPS Act. The appellant said he had been in jail since September 2023, ten of twenty witnesses had been examined and two co-accused were on bail; the State stressed his distinct role and two other cases. The Court found a case for regular bail made out and directed release on conditions set by the trial court (paras 3, 7-10).

Supreme Court Grants Regular Bail to Accused Facing NDPS Trial in Kangra Case
Photo: Subhashish Panigrahi via Wikimedia Commons (CC BY-SA 4.0)

Judgment Intelligence

Bail Granted
Avikash Minhas v. State of Himachal Pradesh
Criminal Appeal No(s). ____ of 2026 (arising out of SLP (Crl.) No(s). 10760 of 2026)
Court
Supreme Court of India
Date of Decision
22 June 2026
Bench
Justices B.V. Nagarathna and Joymalya Bagchi
Relevant Acts & Sections
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 20, 25, 29
Final Outcome

Appeal allowed. The appellant is to be produced before the trial court and released on bail on conditions it considers appropriate in the case arising out of FIR No. 83 of 2023; breach of the conditions may entail cancellation (paras 10, 12-13).

Key holdings

  1. The Court held that a case for regular bail was made out on the facts on record (para 9).
  2. The trial court is to release the appellant on conditions it considers appropriate to secure his presence (para 10).
  3. The appellant must cooperate in the trial and not misuse his liberty; any breach may lead to cancellation of bail (paras 11-12).

Brief Facts

The appellant faces trial in a case registered on FIR No. 83 of 2023 at Police Station Panchrukhi, District Kangra, for offences under Sections 20, 25 and 29 of the NDPS Act (para 3). The High Court of Himachal Pradesh rejected his application for regular bail on 6 May 2025 (paras 2, 4). The Supreme Court issued notice on 27 May 2026 (para 5). Before it, the appellant relied on his custody since 25 September 2023, the examination of ten of twenty prosecution witnesses and bail granted to two co-accused; the State relied on his distinct role, the progress of the trial and his involvement in two other cases (paras 7-8).

Court's Findings

After noting both sides' positions, the Court held, "Considering the facts on record", that the case for regular bail was made out (para 9). The order gives no further reasons and does not refer to Section 37 of the NDPS Act or to any precedent. It directed that the appellant be produced before the trial court as early as possible and released on bail on such conditions as the trial court considers appropriate to secure his presence in the proceedings arising out of FIR No. 83 of 2023 (para 10). The appellant must extend complete cooperation in the trial and must not misuse his liberty, and any infraction of the conditions may entail cancellation of the bail (paras 11-12).

Legal Principle

The order does not lay down a reasoned principle of law. On the facts on record, the Court found a case for regular bail made out for an NDPS accused whose trial was part-way through, and left the bail conditions to the trial court (paras 9-10).
Topics: Bail
Nyay Vidhan
Court Judgments · 2 min read
Decided: June 22, 2026 Justices B.V. Nagarathna and Joymalya Bagchi
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