High Court Grants Regular Bail, Upholds Right to Liberty in NDPS Case: 'Lengthy Custody Alone Deserves Concession'"

In a recent case , the High Court of Punjab and Haryana at Chandigarh has granted regular bail to the petitioner, Rahul Kumar, in an NDPS (Narcotic Drugs and Psychotropic Substances) case, emphasizing that the right to personal liberty is enshrined in Article 21 of the Constitution of India. The judgment, delivered by Hon'ble Mr. Justice Vikas Bahl, came as a relief to the petitioner, who had been in custody for over two years without the trial reaching its conclusion.

The case (CRM-M-32446-2023) pertains to FIR No. 108 dated 05.06.2021 registered under Sections 22-C of the NDPS Act, 1985 at Police Station Sirhind, District Fatehgarh Sahib.

The petitioner's counsel, Mr. G.S. Salana, argued that the prolonged custody and delay in concluding the trial warranted the grant of regular bail. He further highlighted that the petitioner was not involved in any other criminal case, making his continued incarceration a violation of his fundamental right to liberty.

The judgment cited several precedent-setting cases, including a recent order by the Hon'ble Supreme Court, where bail was granted to accused individuals based on the length of their custody. In one such ruling, the Supreme Court had stated, "We are inclined to release the petitioner on bail only on the ground that he has spent about two years in custody and conclusion of trial will take some time."

Taking these precedents into consideration, the High Court held that the petitioner's prolonged custody alone deserved the concession of regular bail. While granting bail, the court imposed certain conditions to ensure that the provisions of Section 37 of the NDPS Act were met, including non-tampering with evidence and non-intimidation of prosecution witnesses.

In its ruling, the court clarified that the grant of bail did not express any opinion on the merits of the case, and the trial would proceed independently. The judgment was widely hailed for upholding the right to personal liberty and providing relief to the petitioner after an extended period of custody.

Date of Decision: 14.07.2023

Rahul Kumar   vs State of Punjab