Court underscores the importance of balancing statutory provisions with fundamental rights in prolonged pre-trial detentions.
In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Sumeet Goel, has granted regular bail to Prem Singh, accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of commercial quantities of contraband. The decision comes after the court noted undue delays in the trial process, which has been ongoing without any witness examination for over a year and a half since Singh's arrest on January 24, 2025.
The case, registered at Police Station GRP Ambala Cantt., involved the recovery of 4800 Lomotil tablets, a substance controlled under the NDPS Act. Despite the seriousness of the allegations, the court found that the statutory rigors under Section 37 of the NDPS Act must be weighed against the fundamental right to a speedy trial enshrined under Article 21 of the Constitution of India.
The court highlighted that none of the 19 prosecution witnesses, primarily police officials, have been examined to date, despite repeated issuance of bailable warrants. This procedural inefficiency and systemic lapse were seen as a violation of the petitioner's right to a timely trial and personal liberty, leading the court to exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Justice Goel emphasized that while the legislative intent of the NDPS Act is to curb drug trafficking, the prolonged pre-trial detention without justified cause risks transforming into punitive imprisonment, which is contrary to justice principles. The judgment also criticized the failure of police officials to appear in court as prosecution witnesses, further exacerbating trial delays.
The court ordered Prem Singh's release on interim regular bail, subject to conditions to prevent misuse of liberty and ensure his presence at future trial proceedings. Additionally, the Director General of Police, Haryana, has been directed to address these procedural lapses in court on the next hearing date.
This ruling underscores the judiciary's role in safeguarding individual rights against procedural delays and inefficiencies, particularly in cases involving stringent statutory provisions like the NDPS Act.
Bottom Line :
Grant of regular bail in NDPS Act cases involving commercial quantity of contraband must consider undue delay in trial, balancing statutory rigors under Section 37 of NDPS Act with fundamental rights under Article 21 of the Constitution.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21-C, 29, 36A, 37; Constitution of India, 1950 Article 21; Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 483, 528
Prem Singh v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2962642
