Bail Granted to Accused in Commercial Drug Case Citing Prolonged Detention
Palwinder Singh alias Pappu to be released on bail after over a year of incarceration, highlighting the balance between drug control and fundamental rights
The Punjab and Haryana High Court, Justice Sumeet Goel granted bail to Palwinder Singh alias Pappu, who had been detained for over a year under the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was accused of possessing a commercial quantity of heroin, specifically 515 grams of Diacetylmorphine, leading to his arrest on 12th May 2024. This decision underscores the ongoing judicial balancing act between stringent drug laws and the protection of fundamental rights.
The petitioner, represented by advocate Mr. Chandan Singh Rana, argued that his prolonged incarceration without trial infringes upon his fundamental right to life and liberty under Article 21 of the Indian Constitution. The court acknowledged the systemic delays that have plagued the trial process, noting that only one of the 18 prosecution witnesses has been examined to date.
Justice Goel emphasized the importance of the right to a speedy trial, as enshrined in Article 21, and noted that prolonged detention transforms pre-trial incarceration into punitive imprisonment. The court's judgment dilutes the rigors of Section 37 of the NDPS Act, which typically imposes stringent conditions on bail for cases involving commercial quantities of contraband. This decision reflects the judiciary's duty to ensure that delays do not infringe upon an individual's fundamental rights.
The court further imposed several bail conditions to prevent misuse of liberty, including requirements for the petitioner to furnish bail/surety bonds, not tamper with evidence, and abstain from committing new offenses while on bail. The petitioner is also required to deposit his passport and provide his cellphone number to authorities, ensuring ongoing cooperation with the judicial process.
This judgment aligns with precedents set by the Supreme Court, emphasizing the right to a speedy trial as a safeguard against oppressive incarceration and to ensure justice is served without undue delay. By granting bail, the court aims to strike a balance between curbing drug-related offenses and upholding constitutional rights, highlighting the judiciary's role in maintaining justice amid systemic inefficiencies.
The case, titled "Palwinder Singh alias Pappu v. State of Punjab," serves as a reminder of the complexities involved in drug-related legal proceedings, where the rights of the accused must be weighed against the imperatives of public safety and legal accountability. As the trial progresses, the impact of this judgment on similar cases could pave the way for reevaluating the application of Section 37 in the context of prolonged detention and systemic delays.
Palwinder Singh alias Pappu v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2779334
