The Supreme Court has set aside a Punjab and Haryana High Court order that granted regular bail to an accused allegedly linked to a heroin trafficking network. The Court held that mandatory conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act must be strictly considered before granting bail in cases involving commercial quantities of narcotics.
Background of the Case
The case arose from an FIR registered in January 2024 after Punjab Police allegedly recovered 1.465 kilograms of heroin from two individuals during a vehicle check. During the investigation, the police claimed that the arrested persons disclosed the involvement of Balraj Singh alias Billa, alleging that he had instructed them to collect and store the contraband for further distribution while he was lodged in jail.
Balraj Singh was subsequently arraigned as an accused. His bail plea was rejected by the Special Court in Tarn Taran but later allowed by the Punjab and Haryana High Court in October 2025.
A Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh observed that the High Court failed to examine the “twin conditions” prescribed under Section 37 of the NDPS Act before granting bail.
The Bench noted,
“Consideration and reference to the twin conditions enumerated under Section 37 of the NDPS Act was mandatory.”
It further found that the High Court had not considered those requirements at all while passing the bail order.
The Court also took note of the respondent’s previous criminal antecedents in similar NDPS cases and held that it could not be concluded that he was unlikely to commit an offence while on bail.
Addressing the argument of prolonged incarceration, the Bench observed that the accused had spent about one year and seven months in custody and faced charges carrying a possible sentence of up to twenty years if convicted.
Allowing the appeal filed by the State of Punjab, the Supreme Court set aside the Punjab and Haryana High Court’s order dated October 15, 2025 granting bail to Balraj Singh @ Billa. The Court held that no case for bail was made out in light of the statutory restrictions under Section 37 of the NDPS Act and the facts placed on record.
Pending applications were also dismissed.
Case Details
Case Title: State of Punjab v. Balraj Singh @ Billa
Case Number: Criminal Appeal arising out of SLP (Crl.) No. 896 of 2026
Judge: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
Decision Date: June 2, 2026
