Supreme Court: National Sovereignty Must Prevail Over Personal Liberty in Serious NDPS Cases, Cancels Bail of Alleged Drug Trafficker

June 2, 2026 : The Supreme Court has held that when a conflict arises between the sovereignty of the nation and an individual’s personal liberty, the interests of national sovereignty must take precedence, particularly in cases involving narcotic drugs and psychotropic substances.

The observation came while the Court set aside an order of the Punjab and Haryana High Court granting bail to an accused allegedly running a drug-trafficking network from inside a prison through the use of mobile phones.

The apex court noted that the accused had previous criminal antecedents involving offences of a similar nature under the Narcotic Drugs and Psychotropic Substances Act. Considering these antecedents, the Court held that it could not be concluded that the accused was unlikely to commit similar offences if released on bail.

Emphasising the seriousness of drug-related crimes and their impact on society and national interests, the Court ruled that the case did not satisfy the stringent conditions for grant of bail under the NDPS Act and accordingly cancelled the bail granted by the High Court.