Punjab & Haryana HC: Bail Granted in NDPS Case Involving 500 Grams Heroin, Court Relies on Article 21 and Supreme Court Precedents

Case Name: Rupinder Singh @ Sajan v. State of Punjab; Sharanjit Singh @ Shanno v. State of Punjab
Date of Judgment: September 29, 2025
Citation: CRM-M-29899-2025 & CRM-M-48499-2025 (O&M)
Bench: Hon’ble Mr. Justice Jasjit Singh Bedi

Held: The High Court granted regular bail to the petitioners arrested in an NDPS case involving commercial quantity of heroin. It held that though Section 37 of the NDPS Act imposes strict conditions for bail, these can be relaxed when first-time offenders have already undergone long incarceration and trial is unlikely to conclude soon. Relying on Article 21 of the Constitution and Supreme Court rulings in Nitish Adhikary @ Bapan v. State of West Bengal (2022) and Hasanujjaman v. State of West Bengal (2023), the Court emphasized that right to speedy trial is a fundamental right and pre-trial detention cannot become punitive. Bail was granted subject to stringent conditions, including monthly appearance at the local police station and deposit of a ₹1,00,000 fixed deposit as security.

Summary: The FIR was registered on 08.03.2024 at Police Station Chhehharta, Amritsar, under Sections 21(C) and 29 NDPS Act. Rupinder Singh @ Sajan and co-accused were apprehended with 500 grams of heroin, while Sharanjit Singh @ Shanno was nominated on disclosure and also allegedly recovered with 500 grams. The petitioners argued false implication, non-compliance with Sections 42 and 50 NDPS Act, lack of independent witnesses, and delay in trial with only 3 of 31 witnesses examined. The State opposed, citing recovery of commercial quantity, but conceded that petitioners were first-time offenders in custody since March 2024. The Court found prolonged incarceration without trial sufficient to dilute the rigours of Section 37 and granted bail.

Decision: The High Court allowed the petitions and ordered release of the petitioners on bail subject to conditions: monthly reporting to the police station, undertaking of no further offences, and deposit of ₹1,00,000 fixed deposit each with the trial court, forfeitable upon unjustified absence from trial.