The Punjab and Haryana High Court has dismissed the bail petition of a former Sub-Inspector of Punjab Police accused of using his official uniform and position to help vehicles carrying commercial quantities of narcotics pass police checkposts unintercepted, holding that his role placed him "on a much higher pedestal" than a co-accused who had been acquitted.

A Division Bench of Justice Anoop Chitkara and Justice Harmeet Singh Deol held that satisfying the twin conditions under Section 37 of the NDPS Act "is like candling infertile eggs", and that the petitioner had not discharged the reverse burden the provision places on an accused.

The Court also emphasised that, "When the quantity of drugs is more than 10 times the commercial quantity, the Courts must expedite the trials, and if any of the co-accused, who is on bail, delays the trial, in order to render real Justice to all, one of the steps is to revoke the bail granted to the co- accused, who is instrumental in the delay."

FIR  was registered on 15.05.2013 at Police Station Banur, Mohali, under Sections 379, 411, 468, 471, 473 and 120-B IPC (corresponding to Sections 303(2), 317(2), 336(3), 340(2), 341(2) and 61(2) of the BNS), along with Sections 21, 22, 25, 25-A and 29 of the NDPS Act and Sections 25/54/59 of the Arms Act. The petitioner, Sarabjit Singh, sought regular bail under Section 483 BNSS, 2023 (corresponding to Section 439 CrPC). He was in custody for 4 years, 6 months and 13 days as per a custody certificate dated 31.08.2026.

The bail matter, though ordinarily listed before a Single Bench, was placed before a Division Bench pursuant to specific orders, as it pertains to "an infamous organized syndicate of Jagdish Singh alias Bhola." Senior counsel for the petitioner did not dispute the Division Bench's jurisdiction to hear the matter.

Based on secret information, police intercepted a car carrying 500 grams of Methamphetamine (Ice) concealed in the dashboard. The investigation led to further recoveries, including 20 kg of Pseudoephedrine and Methamphetamine from co-accused Baljinder Singh @ Sonu, and large quantities of controlled substances and precursor chemicals from pharmaceutical units.

On 17.05.2013, the case was transferred to CIA Staff, Patiala, which nominated several accused, including the petitioner, then posted as a Sub-Inspector in Punjab Police.

As per the reply filed by the Deputy Superintendent of Police, Circle Banur, District Patiala, the petitioner, while serving as a Sub-Inspector, was "actively associated with the organized drug trafficking syndicate" headed by Jagdish Singh alias Bhola. The investigation found that he abused his official position, wearing his police uniform to ensure that vehicles transporting narcotics crossed police nakas without interception, thereby providing protection to the syndicate.

After his nomination, the petitioner allegedly absconded and was declared a Proclaimed Offender on 04.10.2013. He was arrested on production warrants in 2022, following which a supplementary police report was filed exclusively against him. He was subsequently dismissed from police service.

Senior counsel for the petitioner sought bail primarily on parity with co-accused Deep Singh alias Deepu, who was tried separately and acquitted by the Special Judge, SAS Nagar, Mohali, by judgment dated 13.02.2019. He argued that since the petitioner was nominated only during Deep Singh's interrogation, nothing remained against him. He further argued that the trial was proceeding at "a snail's pace" and that prolonged pre-trial custody violated the petitioner's rights under Article 21.

The State opposed parity, submitting that Deep Singh was tried and acquitted for want of substantiation of allegations, whereas the petitioner had absconded and was declared a proclaimed offender, and the allegations against him — of misusing his position as a police officer — were of a different, more serious character.

On Section 37 NDPS Act, the Bench held that since the case involved a commercial quantity of contraband, the rigors of Section 37 of the NDPS Act applied, requiring the petitioner to satisfy the twin conditions: an opportunity for the Public Prosecutor to oppose bail, and the Court's satisfaction that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. The Bench clarified that "reasonable grounds" means something more than prima facie grounds, and that even where the first condition is met, no court can conclusively find that the accused will not reoffend.

The Bench held that parity applies only where cases are identical or similar. It found that the petitioner's role — facilitating transportation of massive quantities of drugs by ensuring vehicles were not intercepted, while in official uniform. placed him on a "much higher pedestal" than Deep Singh. It held he was not entitled to bail on parity.

Acknowleding that custody of over four-and-a-half years "is not short," the Court held it had to be assessed against the gravity of the offence, the quantity of contraband, and the petitioner's role as a police officer who, instead of controlling drug trafficking, was "instrumental in their trafficking and distribution." Noting that the maximum sentence was 20 years and that the petitioner had been a proclaimed offender, the Bench held he was not entitled to bail on this ground at this stage.

The Bench reiterated that delay in trial is an important factor in bail, citing the Supreme Court's observations in Vaman Narain Ghiya v. State of Rajasthan, State of Kerala v. Raneef, Siddharam Satlingappa Mhetre v. State of Maharashtra, Babu Singh v. State of UP, and Sanjay Chandra v. CBI, on personal liberty under Article 21 and the cost to an individual of prolonged incarceration pending an eventual acquittal.

The Bench held that the petitioner had not discharged the burden under Section 37 of the NDPS Act and that the material on record prima facie pointed to his involvement. It declined to grant bail either on merits or on the ground of prolonged custody.

Case Title: Sarabjit Singh v. State of Punjab

Counsel: P.S. Ahluwalia, Senior Advocate, with Deepinder Singh Virk, for the petitioner; Pooja Nayar Sharma, DAG, Punjab

Click here to read order