The Rajasthan High Court has granted bail to a 27-year-old man who spent 52 months in custody under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, ruling that indefinite imprisonment during a delayed trial violates the constitutional right to personal liberty.
Justice Anil Kumar Upman ordered the release of Sheruddin, who was arrested by the Jodhpur unit of the Narcotics Control Bureau (NCB) on February 15, 2022, for allegedly possessing an illegal quantity of cannabis. Sheruddin had remained in jail ever since his arrest.
In the ruling delivered on June 29, Justice Upman emphasized that personal liberty is a natural human right and a core pillar of a civilized society. The court declared that the constitutional guarantee to the right to life and personal liberty under Article 21 includes the right to live with dignity rather than a mere animal-like existence. The court further ruled that prolonged incarceration without trial violates these fundamental rights, and constitutional courts must intervene to grant bail in such circumstances.
Prosecution Witness Absences Stall Trial
The High Court placed the responsibility for the trial’s delay entirely on the prosecution. Although the process of framing charges against Sheruddin concluded on May 18, 2024, the trial failed to progress because the prosecution did not produce its witnesses.
Currently, four official witnesses—who are public servants associated with the investigation—have yet to testify. The court noted that these officials were fully aware of the ongoing proceedings but repeatedly failed to appear in court despite summonses and successive hearing dates scheduled between March and June.
The delay persisted even after the trial court took coercive action, which included issuing an arrest warrant against the investigating officer on February 16 after he failed to appear. Justice Upman described it as unfortunate that officials of the NCB, the agency that initiated the case, failed to cooperate in ensuring a swift trial.
Prior Court Directives Ignored
The June 29 ruling came in response to Sheruddin’s third bail application. His previous bail plea had been rejected in September 2025, at which point the High Court instructed the trial court to conclude the proceedings within six months. When that deadline passed without the trial being completed, Sheruddin filed a new application citing his prolonged detention.
The prosecution opposed the bail plea, arguing that the allegations under the NDPS Act were severe and the evidence on record did not warrant release. However, taking into account Sheruddin’s 4.4 years in custody, his clean past record, and the low probability of the trial ending soon, the High Court ruled that continuing to hold him would violate his constitutional rights to a speedy trial and personal liberty.
