Punjab & Haryana High Court Grants Bail to First-Time Offender in NDPS Case: Right to Speedy Trial

In a significant legal development, the Punjab & Haryana High Court, in a judgment delivered on November 30, 2023, granted bail to Kabal Singh, a first-time offender facing charges under Section 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case (CRM-M-48563-2023) involved the recovery of intoxicating tablets.

The court, while addressing allegations of non-compliance with mandatory provisions of Sections 42 and 50 of the NDPS Act, emphasized the importance of the accused’s right to a speedy trial, as guaranteed under Article 21 of the Constitution of India. The judgment stated, “In this situation, 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 which provides for the right to a speedy trial, and the case of the petitioner can be considered for the grant of bail.”

Kabal Singh had been in custody since June 8, 2022, with none of the nine prosecution witnesses having been examined as of the judgment date. This fact, coupled with his first-time offender status and the absence of any other cases registered against him, led the court to grant him bail.

The court’s decision drew from legal precedents, including the judgments in Nitish Adhikary @ Bapan v. The State of West Bengal and Hasanujjaman & others v. The State of West Bengal. These cases highlighted the importance of considering the period of custody and the absence of criminal antecedents when granting bail in NDPS cases.

Kabal Singh was ordered to be released on bail, subject to certain conditions, including regular appearances before the police station and the deposit of a substantial sum as a financial guarantee to ensure his participation in the trial.

Date of Decision: November 30, 2023

Kabal Singh. VS State of Punjab.