The Punjab and Haryana High Court has said that border-centric drug cartel cases involving commercial quantities pose "existential threat to public health, national security, and the socio-economic fabric of society, destroying entire generations of youth", and in such matters individual liberty must be carefully balanced against the overriding societal interest.

Justice Alok Jain said, "This Court takes judicial notice of the alarming magnitude and pervasive spread of the drug menace, particularly in the sensitive border regions of the State. The unabated influx of heavy commercial quantities of psychotropic substances across international borders poses an existential threat to public health, national security, and the socio-economic fabric of society, destroying entire generations of youth."

Clandestine narco-syndicates operating in these vulnerable border belts exploit geographical proximity to run deeply entrenched supply chains and launder illicit proceeds, it added.

Justice Jain highlighted that, "When dealing with cases emanating from such border-centric drug cartels—especially those involving commercial quantities of contraband and organized networks—the Courts are duty-bound to exercise heightened circumspection and strict scrutiny. In such matters, individual liberty must be carefully balanced against the overriding societal interest, ensuring that the stringent statutory mandate and legislative intent behind Section 37 of the NDPS Act are strictly upheld to prevent the frustration of ongoing investigations."

The petitioner filed two plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 CrPC, 1973), seeking anticipatory bail in NCB cases both registered by the NCB, Amritsar.

In first case, a search was conducted on 15.02.2026 at the residence of co-accused Harpal Singh, which allegedly led to the recovery of 2.950 kg of Opium, 5.504 kg of Methamphetamine, and 8.740 kg of Heroin. Pursuant to a disclosure statement made by co-accused Jodhbeer, one Jasbir Singh was nominated; and in the subsequent disclosure statement of Jasbir Singh, the petitioner's name was allegedly nominated.

Another case registered on 11.03.2026, the NCB is stated to have recovered 9.332 kg of heroin. In a subsequent disclosure statement of co-accused Nishan Singh @ Shana, the name of the petitioner, along with one Paramjit Singh @ Pamma (the petitioner's close relative), was implicated.

Senior Counsel for the petitioner inter alia submitted that the residential premises of the petitioner were raided on 15.02.2026, whereas his name was allegedly disclosed by co-accused Jasbir Singh only on 16.02.2026, demonstrating pre-meditated targeting by the investigating agency.

The sole piece of evidence against the petitioner in both NCB crimes was an uncorroborated disclosure statement recorded while in custody, carrying no evidentiary value in the absence of any independent material or recovery at his instance, he added

It was further submitted that in the initial remand application of 12.03.2026 in NCB Crime No. 14, the petitioner's name did not surface. It was only in the remand application dated 16.03.2026 that a disclosure statement of Nishan Singh @ Shana was projected, implicating the petitioner in an alleged secret meeting dated 06.03.2026 at the residence of Paramjit Singh @ Pamma.

It was highlighted that the Competent Authority declined to confirm attachment of 3 kanals of land purchased by the petitioner from Nishan Singh @ Shana, which had been wrongly projected as proceeds of crime.

The NCB opposed the plea stating that the petitioner is a key conspirator and part of an organised international illicit drug trafficking network operating across the international border.

The petitioner's implication is not solely based on disclosure statements. Cogent digital evidence recovered from co-accused Nishan Singh's mobile phone and call detail records corroborate the petitioner's pivotal role, including his alleged participation in a secret meeting on 06.03.2026, he added.

It was further submitted that Properties admeasuring 93 kanals 11 marlas acquired in the name of the petitioner's mother, beyond her known sources of income, and two motor vehicles belonging to the petitioner, were attached as being disproportionate to any legitimate income, s.

Given the involvement of a huge commercial quantity, the strict bar under Section 37 of the NDPS Act squarely applies, and custodial interrogation is indispensable to unearth the entire financial trail and break the cartel.

The Court acknowledged the procedural anomalies raised by the petitioner but held that in investigating crimes involving intelligent and disciplined criminals, some minor discrepancies are likely, and such lapses cannot entitle an accused to the extraordinary concession of anticipatory bail.

Stating that, "the custodial interrogation of the petitioner would be of grave importance, at this stage, to ensure that the investigation in this case comes to its logical end," both the pleas were dismissed.

For the Petitioner: Mr. P.S. Ahluwalia, Senior Advocate with Mr. Deepanshu, Advocate and Ms. Isha Mehta, Advocate

For the Respondent-NCB: Mr. Rajiv Sharma (Hisarwale), Special Public Prosecutor; Mr. Vinayak Atre, Advocate and Ms. Indu Bala Shama, Advocate; assisted by Inspector Sourabh Meena

Title: HARMANJIT SINGH SANDHU ALIAS HAMMA v. UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER, AMRITSAR

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