Supreme Court declares early bail a 'rarity' amid drug menace in Punjab.

The Punjab and Haryana High Court has made it clear that early bail is a “rarity” given the rampant drug menace in Punjab. Supreme Court Chief Justice Sheel Nagu also noted that in any case, an accused is free to apply for regular bail.

“This court is of the considered view that in matters of this nature, in view of the decision of the apex court in the case of 'State of Haryana v. Samarth Kumar', early release on bail is a rarity, especially when drug menace is rife.” “In the state “Punjab, the accused is free to apply for regular bail at any time,” Chief Justice Nagu said while hearing a plea for pre-arrest bail in a drug case.

The decision is significant in the context of the general legal principle that “bail is the rule and prison is the exception.”

The policy makes it clear that granting bail to an accused should be the standard practice to ensure personal liberty as enshrined in Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.

Detention, on the other hand, should only take place in exceptional cases if there are compelling reasons for a person to be detained. However, the court's stance on early bail in the current matter reflects the need to balance the principle with the wider interest in addressing serious problems such as drug-related crime.

The matter was referred to Chief Justice Nagu after a person applied for bail at Sadar police station in Dhuri on August 25 to arrest his arrest in a case under the provisions of the Narcotic Drugs and Psychotropic Substances Act was registered. The state was represented by Additional Advocate General Gagneshwar Singh Walia.

Chief Justice Nagu noted that the case revolved around the recovery of 54kg of poppy husks from a vehicle belonging to the petitioner. No one appeared in court on behalf of the plaintiff and the matter was under investigation. Before parting with the matter, the bench submitted that the application for grant of interim bail had not been filed and the petition was accordingly dismissed.