Prolonged Incarceration Generally Militates Against the Most Precious Fundamental Right Guaranteed Under Article 21,” Punjab and Haryana HC Grants Bail in NDPS Case

In a significant judgment by the High Court of Punjab and Haryana, Justice Pankaj Jain has granted bail to Roshan Singh, who had been incarcerated for over a year without trial, in a case involving the alleged possession of 230 kg of poppy husk. The court emphasized the importance of safeguarding fundamental rights against prolonged incarceration.

Roshan Singh was arrested on March 13, 2023, following a police operation that led to the recovery of a substantial quantity of poppy husk from a truck in which he was a passenger. Singh, who was neither the driver nor the owner of the vehicle, had been detained under various sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). His co-accused had been granted bail earlier, and Singh’s continued detention raised significant legal questions, particularly concerning the application of Section 439 of the Criminal Procedure Code, 1973, which pertains to bail.

The court meticulously reviewed precedents set by the Supreme Court concerning bail under the NDPS Act, especially in cases of prolonged custody. Citing cases like Rabi Prakash v. State of Odisha and Mohammad Salman Hanif Shaikh v. State of Gujarat, Justice Jain noted that prolonged incarceration, especially when the trial has yet to commence, contravenes Article 21 of the Constitution, which protects life and personal liberty.

Custody Duration and Trial Delay: Singh had already spent over a year in custody with no commencement of trial proceedings or witness examinations, which tilts the balance in favor of granting bail.

Comparison with Co-accused: The co-accused, having similar roles, were previously granted bail, which brought up considerations of parity and fairness.

Conditions Under Section 37 of the NDPS Act: The court found that while Section 37 imposes stringent conditions for bail in NDPS cases, the actual circumstances, including the lack of criminal antecedents and the specifics of Singh’s involvement, supported a decision to grant bail.

Concluding its observations, the court ordered the release of Roshan Singh on bail, subject to several stringent conditions aimed at ensuring his presence at the trial and preventing any obstruction of justice. These conditions include not changing his phone number without court permission, not committing any offense while on bail, and surrendering his passport.

Date of Decision: May 2, 2024

Roshan Singh v. State of Haryana