CHANDIGARH, Oct 9— The Punjab and Haryana High Court has cautioned that courts must exercise extreme care while considering bail in drug cases linked to cross-border syndicates, observing that such offences can threaten India’s sovereignty and national security.
The bench made the remarks while hearing a regular bail petition in a case registered on November 5, 2024, at the Airport police station in Amritsar under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case involved the seizure of 1 kg heroin and 1 kg methamphetamine (‘Ice’), both classified as commercial quantities.
The court noted that when the drug mafia operates in coordination with elements across the border, particularly from a hostile neighbour, investigations become “almost impossible.” “Bail in cases of commercial quantity must not impair or affect India’s sovereignty,” the bench said.
According to the court, the petitioner allegedly collaborated with accomplices and a cross-border drug mafia based in Pakistan to smuggle large quantities of heroin into India. “When evidence points to a cross-border network, courts must ensure that granting bail does not jeopardize national security,” the bench added.
The court observed that the rigours of Section 37 of the NDPS Act applied in this case, and the material on record furnished prima facie evidence connecting the petitioner to the crime. “A perusal of the bail petition and attached documents prima facie points towards the petitioner’s involvement and does not make out a case for bail. The impact of the crime would also not justify bail,” it said, declining to elaborate further to avoid prejudicing the trial.
Rejecting the plea, the bench clarified that the petitioner’s custody of around 10 months as of September 9, 2025, could not be considered prolonged in light of the minimum sentence prescribed under the law.
However, the court left the door open for a fresh bail plea if the trial extended beyond one-and-a-half years, provided the delay was not attributable to the petitioner. The trial court may reconsider the request “unaffected by the present dismissal or the petitioner’s criminal history.”
The observations underline the judiciary’s firm stance that cross-border drug crimes are not just law-and-order issues but also matters affecting India’s national security, emphasizing the need for caution in granting bail in such cases.
