P&H High Court Grants Bail in 6-Kg Opium Case After 2 Years’ Custody and Slow Trial

Case Name: Manoj Kumar vs. State of Punjab
Date of Judgment: 10 November 2025
Citation: CRM-M-12557-2025
Bench: Hon’ble Mrs. Justice Manisha Batra

Held: The Punjab & Haryana High Court granted bail to the petitioner, noting that he had remained in custody for more than two years in connection with a 6-kg opium recovery. The Court held that prolonged incarceration, combined with the slow pace of the trial, justified reconsideration of bail even in commercial-quantity NDPS cases. It applied the principles from Mohd. Muslim @ Hussain, Manmandal, and Rabi Prakash, which recognise that undue delay can override the embargo under Section 37 NDPS Act when read with Section 436A CrPC.

Summary: The petitioner’s first bail plea had been dismissed on 23.08.2024. In the present second petition, he argued that circumstances had changed because he had now spent more than two years in custody and only 3 out of 12 witnesses had been examined. The State opposed bail, arguing that no new ground existed and that commercial-quantity recovery attracted strict Section 37 conditions. The Court examined the record and held that successive bail petitions are maintainable when fresh grounds arise. It noted that incarceration had crossed two years, the trial was progressing slowly, and the petitioner was not required for further investigation. The Court emphasised that pre-trial detention must not become punitive and that constitutional liberty must guide decisions on prolonged custody.

Decision: The petition was allowed. The petitioner was ordered to be released on bail upon furnishing personal and surety bonds to the satisfaction of the trial Court. He must not threaten witnesses, must appear on all dates, must surrender his passport, must furnish his mobile number and Aadhaar details, and must not change his mobile number during trial.