In a significant move, the Supreme Court has urged courts to exercise utmost caution when considering bail for repeat offenders involved in cases under the Narcotic Drugs and Psychotropic Substances Act in Punjab. The state has long grappled with a severe drug menace, with the involvement of pharmaceutical companies, police officials, and affluent individuals in international drug trafficking exacerbating the crisis.

A bench comprising Justices Surya Kant and Dipankar Datta recently refused to extend interim protection to an accused beyond three weeks, directing him to seek regular bail. The accused, Parwinder Singh alias Parminder Singh alias Vicky, was implicated in an FIR filed on October 21, 2022, under Sections 21, 62, and 85 of the NDPS Act at Police Station Shimlapuri, Ludhiana.

The allegations against Singh included his apprehension in a raid where 20 grams of heroin were seized from him and two co-accused. An Alto car and two motorcycles were also confiscated, but Singh managed to escape at the time. Subsequently, he sought anticipatory bail, which was denied by the Special Judge. The High Court granted interim protection against arrest on December 02, 2022, but later learned that Singh was implicated in another NDPS Act case registered on March 28, 2023.

Recognizing the misuse of interim bail, the Supreme Court bench remarked that Singh's case exemplified a situation where the concession granted had been exploited, prompting the High Court to dismiss his plea. The bench highlighted that although the case involved a non-commercial quantity of contraband, the stringent provisions of Section 37 of the NDPS Act were not applicable.

In a coordinated effort, another bench had granted interim protection to Singh on October 06, 2023, allowing him to join the investigation, and a chargesheet had been filed. The pivotal question before the Supreme Court was whether Singh deserved the benefit of pre-arrest bail in light of the recovery of heroin and his involvement in another NDPS Act case.

The bench emphasized, "We are of the considered view that the parameters of granting bail in a case under special statutes like NDPS Act may not be liberally construed in the instant case." Citing the grave drug situation in Punjab, the justices expressed concern about the identifiable roots of drug lords operating in the state, engaging in cross-border drug racketeering and organized trafficking.

Acknowledging that drug addiction posed a serious threat to Punjab, the bench urged courts to exercise heightened caution, especially in cases involving repeat offenders. The justices emphasized that Singh, based on the allegations, appeared to be a drug peddler, raising concerns about the potential of him returning to illicit trade if granted pre-arrest bail.

Case: Parwinder Singh @ Parminder Singh @ Vicky vs. State of Punjab,

CRIMINAL APPEAL NO. ….. OF 2023 [Arising out of S.L.P. (Crl.) No.12601 of 2023].

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