Punjab and Haryana High Court Grants Bail in NDPS Case, Citing Right to Speedy Trial

Bablu alias Ballu secures bail for charges of contraband possession; Court emphasizes Article 21 and prolonged incarceration.

In a significant development, the Punjab and Haryana High Court has granted regular bail to Bablu alias Ballu, accused of being involved in a narcotics case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The decision was delivered by Justice Sumeet Goel on November 21, 2025, in response to Bablu's second petition for regular bail in relation to an FIR registered at Police Station D-Division, Amritsar.

The petitioner, Bablu, along with a co-accused named Mintu, was apprehended by the police for allegedly possessing 279 grams of heroin, a quantity slightly above the non-commercial threshold. The Court's judgment highlighted the importance of balancing the stringent provisions of Section 37 of the NDPS Act with the fundamental rights to life and liberty under Article 21 of the Constitution of India. Justice Goel noted that the accused had been in custody since July 25, 2025, and with charges yet to be framed, the trial was expected to be prolonged, violating the right to a speedy trial.

In his ruling, Justice Goel referred to past judgments and emphasized that the right to a speedy trial is a crucial part of the fundamental right to life and liberty. He asserted that prolonged detention without trial conclusion infringes upon this right, and pre-trial imprisonment should not transform into punitive punishment.

The Court laid out conditions for the bail, including the petitioner's commitment not to misuse the liberty, not to tamper with evidence, to be present at trial dates, and to submit a monthly affidavit affirming non-involvement in any offense. The State retains the right to seek bail cancellation if any conditions are violated or if the petitioner is involved in new offenses.

The judgment draws attention to the systemic inefficiencies causing trial delays and reinforces the judiciary's duty to uphold individual rights amidst statutory challenges. It underscores the need for judicial processes to not only curb drug-related offenses but also to protect the rights of the accused during legal proceedings.

Bottom Line:

Regular bail granted to accused under NDPS Act for alleged recovery of contraband marginally above non-commercial quantity threshold, considering prolonged incarceration and right to speedy trial under Article 21 of the Constitution of India.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Constitution of India, 1950 Article 21, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bablu alias Ballu v. State of Punjab, (Punjab and Haryana) : Law Finder Doc Id # 2812351