Punjab-Haryana High Court Grants Bail in NDPS Case: Emphasizes Right to Speedy Trial and Protracted Custody Concerns

In a significant judgment, the Punjab-Haryana High Court has granted bail to Gurdeep Singh @ Deepak, who was arrested in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Court's decision on December 21, 2023, underscores the principles of the right to a speedy trial and the implications of prolonged custody.

Justice Jasjit Singh Bedi, presiding over the case, observed that “the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India.” This reference to Article 21, which guarantees the right to life and personal liberty, highlights the Court’s concern for the rights of the accused amidst legal proceedings.

Gurdeep Singh was arrested on June 23, 2022, with 864 intoxicating capsules of Spano-Croxywon-Plus. The investigation subsequently implicated two other individuals, leading to further arrests and recoveries of contraband. Singh's counsel argued for bail on grounds of alleged false implication and non-compliance with mandatory provisions of the NDPS Act, including the non-joining of independent witnesses during the search and seizure.

The State's counsel opposed the bail citing the recovery of a commercial quantity of contraband. However, he acknowledged that the petitioner was a first-time offender and none of the 11 prosecution witnesses had been examined to date.

In granting bail, the Court referenced Supreme Court precedents, particularly focusing on the duration of custody and the delay in the trial process. Justice Bedi ordered Singh's release on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the Trial Court. Additionally, Singh is required to appear before the police station on the first Monday of every month and deposit an FDR of Rs. 1,00,000/- as a condition for bail.

This judgment is seen as a reinforcement of the judiciary's commitment to ensuring a balance between the strictures of law enforcement and the protection of individual rights, especially in cases involving protracted legal proceedings.

Date of Decision: December 21, 2023

Gurdeep Singh @ Deepak Vs State Of Punjab