Punjab & Haryana HC Grants Bail in NDPS Commercial Quantity Case, Citing Prosecution’s Negligence [Read Order]

Punjab: The Punjab & Haryana High Court has granted bail to an accused in a commercial quantity NDPS case, emphasizing constitutional safeguards and the right to a speedy trial, despite the serious nature of the drug trafficking charges.

Justice Manjari Nehru Kaul made crucial observations on the prosecution’s failure to conduct a fair and timely trial, stating that the seriousness of the offence cannot become a license to trample upon constitutional safeguards.

The court was hearing Criminal Misc. Application No. 18926 of 2025, filed by Kuldeep Singh, seeking bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in FIR No. 74 dated 29.07.2019, registered under Section 22 of the NDPS Act. The court noted, “The petitioner has been in custody since 23.03.2023. It is not in dispute that charges were framed on 23.03.2023, yet till date, only 3 out of 16 witnesses cited by the prosecution have been examined.”

Addressing specific concerns about the prosecution’s conduct, the court observed, “Despite the issuance of summons, including bailable and non-bailable warrants, the remaining prosecution witnesses — all of whom are police officials — have failed to appear. This pattern has persisted over no fewer than twenty-seven hearings, rendering the progress of the trial virtually stagnant.”

The court highlighted significant procedural failures by the prosecution, stating, “What stares glaringly from the record is a clear pattern of neglect and indifference on the part of the prosecution witnesses, who, despite repeated judicial orders, have failed to honour summons and warrants.”

In a critical observation, the court stated, “That such conduct emanates from police officials entrusted with the task of upholding the rule of law is deeply concerning and unacceptable. It reflects complacency, which cannot be condoned.”

Reinforcing the constitutional right to a speedy trial, the court held, “The right to a speedy and fair trial is an intrinsic part of the right to life and personal liberty enshrined under Article 21 of the Constitution of India. It applies equally to trials under special statutes like the NDPS Act, regardless of the gravity of the allegations.”

Regarding the nature of the offence, the court noted that the case involved 1.540 kgs of Tramadol, classified as a ‘commercial quantity’ under the NDPS Act, thereby attracting the rigours of Section 37.

While acknowledging the severity of drug trafficking, the court emphasized constitutional protections, stating, “The menace of drug trafficking is indeed a grave threat, steadily corroding the social fabric and destroying countless lives. But the seriousness of the offence cannot become a license to trample upon constitutional safeguards.”

In its final directive, the court held, “Detaining an accused indefinitely due to the sheer nonchalance of the prosecution amounts to an abuse of process. The delay in trial, entirely attributable to the prosecution, cannot become the basis for further incarceration of the petitioner.”

The court further emphasized, “The repeated absence of police witnesses, despite coercive measures ordered by the court, exhibits not just a casual approach but blatant disregard for judicial authority.”

In a strong rebuke to the prosecution machinery, the court directed, “The Director General of Police, Punjab, is directed to look into the matter and take appropriate measures to ensure that police officers summoned as prosecution witnesses in criminal trials appear without fail.”

Mr. Sandeep Arora, Advocate, appeared for the petitioner, while Mr. Shiva Khurmi, AAG, Punjab, appeared for the State.

Case Title: Kuldeep Singh vs. State of Punjab

[Read Order]