Justice Ujjal Bhuyan and Justice Atul S Chandurkar, sitting on a two‑judge bench, declared the 2026 decision in State of Punjab v Sukhwinder Singh per incuriam, stating that the right to a speedy trial under Article 21 cannot be overridden by the stringent bail conditions of Section 37 of the NDPS Act.
The 2026 ruling had earlier held that in NDPS cases, the right to a speedy trial must be exercised within the framework of Section 37, preventing bail solely on the basis of delay. That precedent relied heavily on the Supreme Court’s 2021 decision in UOI v KA Najeeb, which acknowledged that prolonged delays could justify bail even under special statutes.
By labeling the 2026 judgment per incuriam, the bench signaled that constitutional provisions should prevail over statutory provisions in conflicts. The decision overturns a key interpretation that had been applied in several NDPS cases, reshaping the balance between state security and individual liberty.
The matter is now pending before a larger bench, which will determine whether the bail framework under Section 37 can be re‑examined. The outcome will set a new benchmark for how the Constitution’s fundamental rights interact with stringent drug‑control laws.