New Delhi, June 2 (SocialNews.XYZ) The Supreme Court on Tuesday set aside a Punjab and Haryana High Court order granting bail to an accused in a commercial quantity of heroin recovery case, observing that the sovereignty of the country must prevail over personal liberty when a "war" is being waged against the nation through the supply of drugs.
A Bench of Justices Sanjay Karol and N. Kotiswar Singh allowed an appeal filed by the Punjab government against the grant of regular bail to Balraj Singh alias Billa, who was arraigned as an accused in a case involving the recovery of 1.465 kg heroin.
In its judgment, the apex court stressed that in cases involving commercial quantities of narcotic drugs, courts are bound to strictly comply with the twin conditions prescribed under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act before granting bail.
"Should there be any conflict between the sovereignty of a country and personal liberty, undoubtedly, the former shall prevail, particularly when a war is waged against the nation, be it in the form of supply of drugs, which vitally affects the national economy and health of the people," the Justice Karol-led Bench observed.
The case arose from an FIR registered in January 2024 after police recovered 1.465 kg of heroin from two persons travelling in a vehicle in Punjab's Tarn Taran district.
During the investigation, the respondent was implicated on the basis of disclosures allegedly made by the co-accused, who claimed that he had directed them to collect and store the contraband for further supply while being lodged in Central Jail, Goindwal Sahib.
According to the prosecution, the respondent was operating a drug trafficking network from inside the jail using illegal mobile phones. The P&H High Court had granted bail to the respondent in October 2025, taking into account the period of custody and the likelihood of delay in the conclusion of the trial.
However, the Supreme Court held that the High Court had failed to consider the mandatory restrictions imposed under Section 37 of the NDPS Act.
"It is evident that there has been no consideration at all by the High Court on the twin conditions. In such a scenario, the impugned order cannot be sustained in the eyes of law," the apex court said.
Referring to a series of earlier judgments, the Justice Karol-led Bench reiterated that a liberal approach in bail matters involving commercial quantities of narcotics is impermissible and that courts must record satisfaction that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail.
Upon examining the respondent's case, the Supreme Court found that he had criminal antecedents involving offences of a similar nature under the NDPS Act.
"There are antecedents involving commission of offences of the very same nature under the NDPS Act, therefore it cannot be said that he is not likely to commit such an offence while on bail," the judgment said.
The apex court also rejected the argument that the respondent's continued incarceration justified the grant of bail. It said that he had undergone custody for only one year and seven months, whereas the alleged offence carries a punishment extending up to 20 years' imprisonment.
"Therefore, it cannot be said that he has suffered incarceration for a long period, warranting interference in view of Article 21 of the Constitution," the Justice Karol-led Bench observed.
At the same time, the Supreme Court stated that there is no uniform standard governing what constitutes "prolonged incarceration" for the purpose of granting bail under special statutes and referred to differing outcomes in several NDPS cases involving similar periods of custody.
The top court said the larger question concerning the approach of constitutional courts in bail matters under special laws, where Article 21, prolonged incarceration, and statutory restrictions intersect, has already been referred for consideration in another case.
Stressing that the “paramount consideration is nothing but the interest of justice for all”, the apex court allowed the appeal and set aside the High Court’s order granting bail.
Source: IANS
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