State of Punjab v. Balraj Singh
“No Shortcut to Bail in Drug Cases: Why Section 37 NDPS Is a Gate That Cannot Be Skipped”
TL;DR
The Supreme Court set aside a Punjab and Haryana High Court order that had granted regular bail to Balraj Singh @ Billa, an alleged kingpin accused of running a heroin trafficking network from inside jail. The recovery was of 1.465 kg of heroin (commercial quantity). The Court held that in NDPS cases involving commercial quantity, the "twin conditions" under Section 37 of the NDPS Act are mandatory — the court must record satisfaction that there are reasonable grounds to believe the accused is not guilty and is not likely to commit another offence while on bail. Because the High Court had granted bail without considering these conditions at all, its order could not stand. The appeal by the State of Punjab was allowed.
The Bottom Line
In drug trafficking cases involving commercial quantity, courts cannot grant bail by looking only at the period of custody or how long the trial may take. Section 37 of the NDPS Act imposes a stricter, mandatory threshold — the judge must positively record that there are reasonable grounds to believe the accused is innocent and will not reoffend. A High Court order that ignores this twin-condition test is unsustainable in law. With antecedents of similar drug offences and an organised trafficking operation allegedly run from jail, the Supreme Court found no case for bail was made out.
Case Timeline
The journey from FIR to Supreme Court verdict
Vehicle Intercepted and Heroin Recovered
At a police check point on Canal Road, Village Veeram, a fleeing Mahindra XUV 300 was stopped and 1.465 kg of heroin was recovered from its two occupants after a search under Section 50 of the NDPS Act. FIR No. 06 was registered.
Vehicle Intercepted and Heroin Recovered
At a police check point on Canal Road, Village Veeram, a fleeing Mahindra XUV 300 was stopped and 1.465 kg of heroin was recovered from its two occupants after a search under Section 50 of the NDPS Act. FIR No. 06 was registered.
Balraj Singh Arrayed as Accused
The co-accused disclosed that Balraj Singh @ Billa had directed them to collect and store the heroin for supply on his instructions while he was lodged in Central Jail, Goindwal Sahib. He was added as an accused via DDR dated 11 January 2024.
Balraj Singh Arrayed as Accused
The co-accused disclosed that Balraj Singh @ Billa had directed them to collect and store the heroin for supply on his instructions while he was lodged in Central Jail, Goindwal Sahib. He was added as an accused via DDR dated 11 January 2024.
Trial Court Rejects Bail
The Special Court, Tarn Taran, rejected Balraj Singh's regular bail application (B.A. 1868/2025).
Trial Court Rejects Bail
The Special Court, Tarn Taran, rejected Balraj Singh's regular bail application (B.A. 1868/2025).
High Court Grants Bail (Impugned Order)
The Punjab and Haryana High Court granted regular bail in CRM-M-46383-2025, relying on the period of custody and the likely length of the trial, and holding that antecedents alone cannot justify refusal of bail.
High Court Grants Bail (Impugned Order)
The Punjab and Haryana High Court granted regular bail in CRM-M-46383-2025, relying on the period of custody and the likely length of the trial, and holding that antecedents alone cannot justify refusal of bail.
Supreme Court Directs Surrender
By interim order, the Supreme Court directed Balraj Singh to surrender pending the State's appeal against the grant of bail.
Supreme Court Directs Surrender
By interim order, the Supreme Court directed Balraj Singh to surrender pending the State's appeal against the grant of bail.
Bail of Co-Accused Set Aside
In appeals concerning the same FIR, the Supreme Court set aside the High Court orders granting bail to the other two accused, signalling the approach to be taken on the Section 37 question.
Bail of Co-Accused Set Aside
In appeals concerning the same FIR, the Supreme Court set aside the High Court orders granting bail to the other two accused, signalling the approach to be taken on the Section 37 question.
Supreme Court Allows the Appeal
The Supreme Court allowed the State's appeal and set aside the High Court's grant of bail, holding that the mandatory twin conditions under Section 37 of the NDPS Act had not been considered.
Supreme Court Allows the Appeal
The Supreme Court allowed the State's appeal and set aside the High Court's grant of bail, holding that the mandatory twin conditions under Section 37 of the NDPS Act had not been considered.
The Story
On 10 January 2024, the Punjab Police set up a check point at the bridge on Canal Road, Village Veeram, and were checking passing vehicles. On seeing the police party, a Mahindra XUV 300 car bearing registration No. UP-15-DD-6521 attempted to flee, but the car switched off and stopped on the kaccha (unpaved) side of the road. On enquiry, the driver identified himself as Gurjit Singh @ Geetu and the other occupant said he was Sukhwinder Singh @ Gora. As no satisfactory response was given regarding the papers of the car, the police suspected that the occupants were carrying intoxicant material.
Notice was issued to the two occupants under Section 50 of the NDPS Act, and the Deputy Superintendent of Police arrived to conduct the search after consent memos were prepared and signed. On search, a total of 1.465 kg of heroin was recovered from their possession — a quantity that falls within the "commercial quantity" bracket under the NDPS Act. The contraband was weighed, sealed and seized through recovery memos in compliance with Section 50. The Forensic Science Laboratory report confirmed that the recovered substance was diacetylmorphine, that is, heroin.
The case against the respondent, Balraj Singh @ Billa, was built on a disclosure made by the co-accused on 11 January 2024. They disclosed that Balraj Singh had directed them to collect the heroin from the canal area and keep it for further supply on his instructions — and that he had done so while lodged in Central Jail, Goindwal Sahib. Pursuant to this disclosure, Balraj Singh was arrayed as an accused through a DDR (Daily Diary Report) dated 11 January 2024. The investigation further revealed that Balraj Singh was operating a drug trafficking network from inside jail using illegal mobile phones. He was booked under Sections 21(c), 29, 61 and 85 of the NDPS Act in FIR No. 06 dated 10 January 2024.
Balraj Singh's regular bail application (B.A. 1868/2025) was rejected by the Special Court, Tarn Taran, by order dated 3 July 2025. He then appealed to the High Court of Punjab and Haryana at Chandigarh in CRM-M-46383-2025 (O&M). By the impugned order dated 15 October 2025, the High Court granted him regular bail, observing that criminal antecedents alone cannot be the basis for refusing bail, and relying on the period of custody already undergone and the likelihood that the trial would take considerable time. The State of Punjab challenged this order before the Supreme Court. Significantly, in relation to the same FIR, this Court had already (by orders dated 24 April 2026) set aside the bail granted by the High Court to the other two co-accused. The Supreme Court, by interim order dated 7 April 2026, had directed Balraj Singh to surrender, and he duly surrendered as evidenced by an affidavit dated 9 April 2026.
Legal Issues
Click each question to reveal the Supreme Court's answer
Arguments
The battle of arguments before the Supreme Court
Petitioner
Vihaan Kumar
The High Court ignored the statutory bar under Section 37 of the NDPS Act
The State of Punjab argued that the bar under Section 37 had been completely ignored by the High Court, in violation of the ratio in State of Meghalaya v. Lalrintluanga Sailo and Union of India v. Ajay Kumar Singh. Recording a finding on the twin conditions is mandatory and cannot be avoided while passing orders on bail applications.
The case involves commercial quantity, attracting the stricter bail threshold
The recovery of 1.465 kg of heroin falls within the commercial-quantity bracket. The State submitted that in cases involving commercial quantity, the respondent ought not to have been released on bail without satisfaction of the rigorous twin conditions of Section 37.
The respondent has antecedents of similar drug offences
The State pointed out that the respondent had 3 antecedents of a similar nature, which had been ignored by the High Court. These antecedents directly bear on whether he is likely to commit a similar offence while on bail.
An appeal against grant of bail stands on a different footing and the order ignores the law
Relying on Ashok Dhankad v. State NCT of Delhi, the State submitted that an appeal against grant of bail is distinct from cancellation of bail, and that the impugned order — silent on Section 37 — reflects a liberal approach impermissible in NDPS matters.
Respondent
State of Haryana
No connection with the FIR and false implication
The respondent submitted that he had no connection with the subject FIR and had been falsely implicated. He emphasised that no reference had been made to him in the FIR and that no recovery was effected from him personally — his name surfaced only through the co-accused's disclosure.
Prolonged incarceration with a slow-moving trial justifies bail under Article 21
The respondent argued he had been incarcerated for 1 year 7 months while investigation stood completed, and that only 2 out of 24 prosecution witnesses had been examined, so the trial was not likely to conclude soon. He contended that continued detention would offend Article 21.
Antecedents alone cannot justify denial of bail
Aligning with the High Court's reasoning, the respondent contended that criminal antecedents by themselves cannot be the basis for refusing bail, and that the period of custody and likely length of trial weighed in his favour.
Court's Analysis
How the Court reasoned its decision
The Supreme Court began by clarifying that an appeal against grant of bail and an application for cancellation of bail stand on a different footing, citing Ashok Dhankad v. State NCT of Delhi. It then framed the core question: whether the High Court's order was in consonance with the settled principles concerning Section 37 of the NDPS Act. Reproducing Section 37, the Court underscored the twin conditions in Section 37(1)(b)(ii) — that for offences involving commercial quantity, bail can be granted only if the court is satisfied there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. Drawing on a consistent line of authority — Lalrintluanga Sailo, Collector of Customs v. Ahmadalieva Nodira, State by Inspector of Police v. B. Ramu, Ajay Kumar Singh, and Union of India v. Namdeo Ashruba Nakade — the Court reiterated that the "reasonable grounds" standard demands something more than prima facie grounds, requiring substantial and probable cause, and that recording a finding under Section 37 is sine qua non. Examining the impugned order, the Court found it was silent on the twin conditions; since it was undisputed that the case involved commercial quantity, this omission was fatal. On the merits, the respondent's antecedents of similar NDPS offences and the allegation of running an organised drug network from jail meant the twin conditions were not satisfied. The Court rejected the Article 21 prolonged-incarceration argument: 1 year 7 months against a potential twenty-year sentence was not a long period, and the law on what constitutes "prolonged incarceration" remains unsettled — a question now referred in Tasleem Ahmed. The Court closed with the observation that where the sovereignty of the country and personal liberty conflict, particularly where a war is waged against the nation through the supply of drugs that affects the national economy and public health, the former must prevail.
It is not in dispute that the case at hand, involves commercial quantity. In such a scenario, consideration and reference to the twin conditions enumerated under Section 37 of the NDPS Act was mandatory. Upon a bare perusal of the impugned order, it is evident that there has been no consideration at all by the High Court on the twin conditions. In such a scenario, the impugned order cannot be sustained in the eyes of law.
Para 17-18
The central holding — a bail order in a commercial-quantity NDPS case that does not even consider the twin conditions of Section 37 is unsustainable.
There are antecedents involving commission of offences of the very same nature under the NDPS Act, therefore it cannot be said that he is not likely to commit such an offence while on bail.
Para 18
Applies the second limb of the Section 37 test — antecedents of similar drug offences defeat any finding that the accused will not reoffend.
The respondent has only undergone 1 year 7 months, and if found guilty a maximum sentence of twenty years may be imposed upon him. Therefore, it cannot be said that he has suffered incarceration for a long period, warranting interference in view of Article 21 of the Constitution.
Para 19
Rejects the prolonged-incarceration ground, weighing custody served against the potential sentence rather than treating any period as automatically sufficient for bail.
What constitutes “prolonged incarceration” for the purposes of bail, has not been expounded by this Court or the law of the land. While judicial discretion is an important facet of justice dispensation, this Court cannot overlook the fact that similarly situated persons in custody may receive different outcomes, dependent on the approach adopted by the respective bench.
Para 20-21
Acknowledges inconsistency in NDPS bail outcomes and the absence of a settled definition of prolonged incarceration, motivating the chart of coordinate-bench decisions and the reference in Tasleem Ahmed.
Should there be any conflict between the sovereignty of country and personal liberty, undoubtedly, the former shall prevail, particularly, when a war is waged against the nation, be it in the form of supply of drugs, which vitally affects the national economy and health of the people.
Para 22
Frames drug trafficking as a threat to national interest, signalling that personal-liberty arguments carry less weight against the stringent NDPS scheme in commercial-quantity cases.
The Verdict
Relief Granted
The State of Punjab's appeal was allowed and the grant of bail set aside, meaning the respondent — who had already surrendered pursuant to the interim order dated 7 April 2026 — was to remain in custody. No bail could be granted absent satisfaction of the twin conditions of Section 37, which the Court found were not met given the respondent's antecedents of similar NDPS offences and the allegation of operating an organised drug trafficking network from inside jail.
Directions Issued
- The impugned order dated 15 October 2025 in CRM-M No. 46383 of 2025 (O&M) passed by the High Court of Punjab and Haryana was set aside
- The mandatory nature of the twin conditions under Section 37 of the NDPS Act in commercial-quantity cases was reaffirmed as sine qua non for the grant of bail
- Pending applications, if any, were dismissed
Key Legal Principles Established
In NDPS cases involving commercial quantity, consideration of the twin conditions under Section 37 is mandatory — a bail order silent on them cannot be sustained.
The twin conditions require the court to record satisfaction that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail.
"Reasonable grounds" under Section 37(1)(b)(ii) means more than prima facie grounds — it contemplates substantial and probable causes for believing the accused is not guilty (Collector of Customs v. Ahmadalieva Nodira).
Recording a finding mandated under Section 37 is sine qua non for granting bail to an accused under the NDPS Act and cannot be avoided.
A liberal approach that ignores the mandate of Section 37 is impermissible while considering bail in NDPS matters.
Antecedents involving offences of the very same nature defeat the requirement that the accused is not likely to reoffend while on bail.
An appeal against grant of bail stands on a different footing from an application for cancellation of bail.
Where the sovereignty of the country conflicts with personal liberty — particularly where drug supply wages war on the national economy and public health — the interest of the nation prevails over Article 21 bail claims in commercial-quantity cases.
Key Takeaways
What different people should know from this case
- Drug cases involving large ("commercial") quantities are treated very seriously — getting bail is far harder than in ordinary criminal cases.
- For commercial-quantity NDPS offences, a judge can grant bail only after positively recording that there are good reasons to believe the accused is innocent and will not reoffend.
- Simply having spent some time in jail or pointing to a slow trial is usually not enough to get bail in serious drug cases.
- A past history of similar drug offences strongly works against an accused person seeking bail.
- Even if your name is not in the FIR and nothing is recovered from you personally, you can still be made an accused based on what co-accused disclose to the police.
- A higher court can cancel or set aside bail that a lower court granted if the proper legal test was not applied.
Legal Framework
Applicable laws and provisions
Constitutional Provisions
Article 21
Constitution of India
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Relevance: The respondent invoked Article 21, arguing that 1 year 7 months of custody with a slow trial warranted bail. The Court held that this period, against a possible twenty-year sentence, did not amount to prolonged incarceration warranting interference, and that the supply of drugs wages war on the nation, so the national interest prevails.
Statutory Provisions
Section 37
Narcotic Drugs and Psychotropic Substances Act, 1985
“Offences under the Act are cognizable, and no person accused of an offence involving commercial quantity (or under Sections 19, 24 or 27-A) shall be released on bail unless the Public Prosecutor has had an opportunity to oppose the application and, where opposed, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”
Relevance: The pivotal provision. The Court held the twin conditions in Section 37(1)(b)(ii) are mandatory in commercial-quantity cases, and that the High Court's failure to consider them rendered its bail order unsustainable.
Section 21(c)
Narcotic Drugs and Psychotropic Substances Act, 1985
“Prescribes punishment for offences involving the manufacture, possession, sale, purchase or transport of manufactured drugs and preparations — where the contravention involves commercial quantity, punishable with rigorous imprisonment of not less than ten years and up to twenty years, plus fine.”
Relevance: The respondent was booked under Section 21(c) for the 1.465 kg heroin recovery, attracting the commercial-quantity bail bar under Section 37 and a potential twenty-year sentence.
Section 29
Narcotic Drugs and Psychotropic Substances Act, 1985
“Makes punishable abetment of, and criminal conspiracy to commit, an offence under the Act, with the same punishment as for the substantive offence.”
Relevance: Applied to the respondent as the alleged kingpin who directed the co-accused to collect and store the heroin for onward supply, tying him to the conspiracy from inside jail.
Section 50
Narcotic Drugs and Psychotropic Substances Act, 1985
“Prescribes the procedure to be followed for the search of persons, including informing the person of the right to be searched before a Gazetted Officer or a Magistrate.”
Relevance: The recovery of heroin followed the issuance of a Section 50 notice and search by the Deputy Superintendent of Police after consent memos were prepared — establishing procedural compliance for the seizure.
Related Cases & Precedents
State of Meghalaya v. Lalrintluanga Sailo & Anr.
followed2024 SCC OnLine SC 1751
Held that consideration of the twin conditions under Section 37 of the NDPS Act is essential in commercial-quantity cases; relied upon to set aside the High Court's bail order here.
Collector of Customs v. Ahmadalieva Nodira
followed(2004) 3 SCC 549
Three-Judge Bench holding that "reasonable grounds" under Section 37(1)(b)(ii) means more than prima facie grounds and contemplates substantial and probable causes for believing the accused is not guilty.
Union of India v. Ajay Kumar Singh
followed2023 SCC OnLine SC 346
Reiterated that satisfaction of the twin conditions under Section 37 is mandatory while entertaining a bail prayer involving commercial quantity of narcotics.
Union of India v. Namdeo Ashruba Nakade
followed2025 SCC OnLine SC 3049
Held that the mandatory nature of Section 37 cannot be dispensed with where the accused is prima facie involved in organised drug trafficking, and that custody is not unreasonably long given a ten-to-twenty-year sentence exposure.
Ashok Dhankad v. State NCT of Delhi
cited2025 SCC OnLine SC 1690
Reiterated that an appeal against grant of bail and an application for cancellation of bail stand on a different footing — cited at the outset to frame the standard of review.
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