Punjab & Haryana High Court Grants Regular Bail in 2.23 kg Heroin Recovery Case, Cites Article 21 and Prolonged Incarceration
Case Name: Mohit Saini v. State of Punjab
Date of Judgment: October 14, 2025
Citation: CRM-M-10953-2025
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The Punjab & Haryana High Court granted regular bail to an accused arrested in connection with recovery of 2 kilograms and 230 grams of heroin, holding that prolonged incarceration without conclusion of trial violates the fundamental right to life and liberty under Article 21 of the Constitution. Justice Manisha Batra observed that the petitioner had been in custody for more than two and a half years and that despite the rigours of Section 37 of the NDPS Act, bail can be granted when the right to a speedy trial is infringed. The Court further noted that a co-accused in the same case had already been granted bail on parity.
Summary: The petitioner sought regular bail in FIR No. 74 dated March 23, 2023, registered under Sections 21, 21-C, 27, and 29 of the NDPS Act, and Sections 411 and 473 IPC at Police Station STF Wing, SAS Nagar. The FIR alleged that the petitioner and his associates were caught transporting heroin in a Ciaz car, from which 2.23 kilograms of heroin was recovered. The petitioner contended that he was falsely implicated, no recovery was made from his conscious possession, and that he had been in custody for over 30 months with trial proceedings moving slowly.
The State opposed bail, citing the recovery of commercial quantity and applicability of Section 37 of the NDPS Act. However, the Court referred to Supreme Court judgments in Rabi Prakash v. State of Odisha (2023 LiveLaw SC 533), Mohd. Muslim @ Hussain v. State (NCT of Delhi) (2023 AIR SC 1648), Satender Kumar Antil v. CBI (2022 10 SCC 51), and Bhupender Singh v. Narcotics Control Bureau (2022 2 RCR (Criminal) 706), holding that where an undertrial has remained incarcerated for an extended period and trial is unlikely to conclude soon, the balance between Section 37 and Article 21 must tilt in favour of liberty.
Decision: The High Court allowed the bail petition and directed the petitioner’s release on regular bail, subject to furnishing personal and surety bonds to the satisfaction of the trial court. It clarified that the prosecution would be at liberty to seek cancellation of bail if the petitioner is found involved in any subsequent offence, and that the observations made would not influence the merits of the trial.