Liberty Must Override Statutory Embargo: High Court Grants Bail NDPS Case

In a significant judgment, the Punjab and Haryana High Court granted bail to Shiv Om, arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, emphasizing the "prolonged incarceration" of the accused. Justice Pankaj Jain, presiding over the bench, underscored the importance of liberty in cases of extended custody, referring to apex court precedents.

The court's decision primarily revolved around the consideration of prolonged custody as a factor for granting bail. Despite the seriousness of charges under the NDPS Act, the court weighed the rights of the individual against the duration of custody.

Shiv Om was apprehended for allegedly transporting a substantial quantity of opium. The recovery involved 500 grams from a car, leading to the subsequent discovery of 2 kg & 600 grams of opium from Shiv Om's truck. This arrest and subsequent bail petition raised questions about the balance between NDPS Act provisions and the rights of individuals in prolonged custody without trial completion.

Justice Jain, in his assessment, highlighted the period of incarceration exceeding two years and three months. The judge cited several apex court judgments underscoring the essence of liberty and the right to a speedy trial. The court, while not delving into the merits of the case, acknowledged the necessity of bail in the context of delayed legal proceedings.

Justice Jain observed, "Prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution." He further added, "In such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act."

The judgment was rooted in the legal principles enshrined in the Constitution, particularly the right to life and personal liberty under Article 21. It also involved interpreting the NDPS Act, especially the conditions under Section 37 related to bail in drug-related offenses.

The High Court granted bail to Shiv Om, subject to several conditions like not misusing liberty, not tampering with evidence, maintaining presence at trial, and depositing his passport.

Date of decision: 01.02.2024

Shiv Om  VS State of Punjab