SURJIT SINGH ALIAS SEETA ALIAS SITA v. STATE OF PUNJAB
CRM-M/71016/2025 · 2026-02-24
Aman Chaudhary
Special Leave Petitionbody2023
DailyLaw.ai
[ 2023 DAILYLAW 4770 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 4770 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
BNSS is for grant of regular bail to the petitioner in case FIR No. dated 28.12.2023, registered at Police Station Qila Lal Singh, District Batala, under Sections 21 186 IPC and Sections 25/54/59
2.
custody for Recovery of 3 kgs. of heroin is stated to have been effected from the motor-cycle that co are still 9 more to go.
Prayer in the present petition filed under Sec is for grant of regular bail to the petitioner in case FIR No. dated 28.12.2023, registered at Police Station Qila Lal Singh, District Batala, under Sections 21-C, 29, 61, 85 NDPS Act, Sections 307, 353 186 IPC and Sections 25/54/59 of Arms Act.
Learned counsel contends that the petitioner has been in custody for 2 years and about 2 months. Recovery of 3 kgs. of heroin is stated to have been effected from the cycle that co-accused was riding. are still 9 more to go. Prayer in the present petition filed under Section 483 of is for grant of regular bail to the petitioner in case FIR No.103 dated 28.12.2023, registered at Police Station Qila Lal Singh, District C, 29, 61, 85 NDPS Act, Sections 307, 353, of Arms Act.
Learned counsel contends that the petitioner has been in 2 years and about 2 months. He alleges false implication. Recovery of 3 kgs. of heroin is stated to have been effected from the stand examined and there He alleges false implication.
PARVEEN KUMAR 2026.02.24 19:01 I attest to the accuracy and integrity of this
order/judgment.
to controvert the
submissions with regard to stage of the case and the petitioner being not involved in any other case.
5.
Heard.
6.
Hon'ble The Supreme Court in Shariful Islam @ Sarif versus The State of West Bengal SLP (Crl.) No.4173/2022, decided on 04.08.2022, granted bail to the petitioner in a case of recovery of commercial quantity of contraband, considering incarceration for over 1 year and 6 months and there being no likelihood of completion of trial in the near future, while the Division Bench of this Court in Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section 37 of NDPS Act.
7. This Court in the case of Balraj Singh vs. State of Punjab CRM-M-57386-2022, on 14.12.2022 has followed the dictum laid down by Hon'ble The Supreme Court and granted the bail to the petitioner therein after he had undergone total custody of 1 year and 6 months and in Munasi Masih vs. State of Punjab, CRM-M-31504-2022, on 06.2.2023, PARVEEN KUMAR 2026.02.24 19:01 I attest to the accuracy and integrity of this
order/judgment.
wherein commercial quantity of contraband had been recovered but only 2 out of 13 PWs had been examined, allowed bail.
8.
Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 2 years, 1 month and 24 days; not involved in any other case; charges were framed on 25.09.2024, but 8 PWs, out of 17, have been examined so far; the trial is likely to take a considerable time; further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of the NDPS Act can be diluted bearing in mind the right to a speedy trial, the present petition is allowed.
9.
The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such
facts to the Court or to any police officer or tamper with the evidence in any manner.
PARVEEN KUMAR 2026.02.24 19:01 I attest to the accuracy and integrity of this
order/judgment.
(vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
10.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.
11.
In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.
PARVEEN KUMAR 2026.02.24 19:01 I attest to the accuracy and integrity of this
order/judgment.