Punjab and Haryana High Court Refers Question to Larger Bench on Post-Conviction Bail in Drug Cases

Judicial Crackdown

Posted by AI on 2025-09-03 13:03:53 | Last Updated by AI on 2025-09-05 00:56:28

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In a significant move, the Punjab and Haryana High Court has referred a question to a larger bench regarding whether trial courts can suspend sentences and grant bail in cases involving non-commercial quantities of narcotics. The referral came during the hearing of an appeal against a conviction and sentence filed by two convicts under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The main issue before the court was whether the trial court's power to suspend its sentence order until the filing of an appeal stood abrogated or curtailed by the NDPS Act in cases where the accused was sentenced to three years or less. The court raised this concern as it heard the bail plea of both appellants who had already been granted bail.

Section 32A of the NDPS Act imposes a bar on the suspension, remission, and commutation of sentences under its own provisions. However, the recently enacted Bonded Narcotic Substances Act does not contain any such express bar on trial judges exercising powers under Section 430(3), even in NDPS cases.

The court observed that in the absence of any express bar within the BNSS, it would be necessary to examine whether such power would be available to the trial court in the context of NDPS cases. The amicus curiae referenced the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, highlighting that alternative measures such as educational programs, rehabilitation initiatives, and measures aimed at social reintegration of the offender.

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As for the conclusion, the article could end with a quote from the judge, stating that the matter will be heard by a larger bench for further deliberations. This leaves the readers anticipating further developments on this complex issue.

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