Supreme Court holds the strict NDPS bail bar gives way when Article 22(2) is breached, and doubts an earlier ruling

5 November 2026

A two-judge bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar decided Sujit Das v Union of India, SLP(Crl) No. 12451-12453/2026.
The question was whether Section 37 of the Narcotic Drugs and Psychotropic Substances Act can keep a person in custody when the constitutional safeguard on production before a magistrate was not kept.
The bench held that where Article 22(2) is violated, the strict twin conditions of Section 37 give way.
It said rights under Article 21 are fundamental and are not to be tinkered with lightly even under a special statute.
The same bench recorded reservations about State of Punjab v Sukhwinder Singh @ Gora, which had held that the right to a speedy trial cannot override Section 37.
It suggested that ruling may be per incuriam in view of the three-judge decision in Union of India v K.A. Najeeb.
Because Sukhwinder Singh came from a bench of equal strength, the court did not say more and made no reference to a larger bench.