The Punjab and Haryana High Court has dismissed the regular bail petition of Sarabjit Singh, a former Punjab Police Sub-Inspector, in a 2013 case involving allegations of facilitating the transportation of commercial quantities of narcotic substances. The Division Bench of Justice Anoop Chitkara and Justice Harmeet Singh Deol passed the order on September 10, 2026.
The case arises from FIR No. 56 registered on May 15, 2013, at Police Station Banur, Mohali, under provisions of the IPC, the NDPS Act and the Arms Act. According to the prosecution's case, the FIR followed secret information about an alleged organised network involved in stealing luxury vehicles, preparing forged registration certificates and fake number plates, and using such vehicles to transport narcotic substances.
Acting on the information, the police intercepted a Verna car travelling from Amritsar towards Delhi on May 15, 2013. The prosecution stated that 500 grams of methamphetamine, commonly referred to as Ice, was recovered from the vehicle. The subsequent investigation allegedly resulted in further recoveries of methamphetamine, pseudoephedrine and other substances, along with forged registration documents, fake number plates, mobile phones, laptops and other articles.
The investigation was transferred to the CIA staff at Patiala on May 17, 2013. During the investigation, Sarabjit Singh was also nominated as an accused. At the relevant time, he was serving as a Sub-Inspector in the Punjab Police. The State alleged that he had used his official position to facilitate the movement of vehicles carrying narcotic substances through police checkpoints. According to the prosecution, he allegedly wore his police uniform to ensure that such vehicles were not intercepted.
The prosecution further stated that Sarabjit Singh was declared a proclaimed offender on October 4, 2013, and was subsequently arrested in the present case on February 9, 2022. A custody certificate dated August 31, 2026 recorded that he had remained in custody for four years, six months and 13 days. Prolonged custody and the delay in conclusion of the trial were among the grounds relied upon for seeking bail.
The Bench noted that the quantities allegedly involved were commercial quantities, bringing the stringent conditions of Section 37 of the NDPS Act into play. Under this provision, bail in such cases requires the Court to be satisfied, among other things, that there are reasonable grounds to believe that the accused is not guilty and is unlikely to commit an offence while on bail.
The Court explained the nature of this statutory requirement, observing, "Both twin conditions must be satisfied before a person accused of possessing a commercial quantity of drugs or psychotropic substances is released on bail."
The petitioner had also relied on the acquittal of a co-accused to seek bail on the ground of parity. The Bench, however, held that the petitioner could not claim parity with Deep Singh because the roles attributed to them were different. The Court noted the allegation that the petitioner had misused his position as a police officer to facilitate the movement of narcotic substances through police checkpoints.
The Court acknowledged that four years, six months and 13 days of custody was not a short period. However, it held that the period of custody had to be considered alongside the alleged quantity of narcotics, the petitioner's attributed role and the circumstances recorded in the case. The Court therefore declined to grant bail on the ground of prolonged pre-trial custody.
Considering the delay in the proceedings, the Bench requested the trial court to expedite the trial and place it among its top priorities.
The High Court clarified that its observations were tentative and would not affect the merits of the trial or the case of the co-accused. Finding that the petitioner had not satisfied the requirements for bail under Section 37 of the NDPS Act, the Court dismissed the bail petition.
Case Title: Sarabjit Singh v. State of Punjab
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