CRM-M-24708- IN THE H (106) GURJANT SING STATE OF PUNJ CORAM: HON Present: Mr. Ms. R MANISHA BATR 1. The 483 of Bharatiya N of regular bail in under Sections 21 Act (for short “ND 2. The a 19.06.2024, on rec alongwith one Jas heroin and on tha area of Chheharta motorcycle to sup raiding party was -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH SINGH @ JANTA Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS r. Rishu Mahajan, Advocate for the Ms. Ruchika Sabherwal, Sr. DAG, Pu ****
BATRA, J. (ORAL)
The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 ail in case arising out of FIR No.94 ons 21 and 29 of the Narcotic Drugs NDPS”) at Police Station Chhehart The aforementioned FIR was registe on receipt of an information to the ef ne Jaspal Singh @ Pala, was engag that very day also, he was to visit heharta, GT Road, Amritsar on a b to supply heroin to some customer ty was formed which reached at th JAB AND HARYANA AT ARH CRM-M-24708-2025 (O&M) Date of decision : 06.03.2026 ... Petitioner
...Respondent
ANISHA BATRA
for the petitioner G, Punjab filed by the petitioner under Section , 2023 (for short “BNSS”) for grant 94 dated 19.06.2024 registered Drugs and Psychotropic Substances heharta, District Amritsar. registered on the allegations that on the effect that the present petitioner engaged in the business of sale of o visit Village Khandwala from the n a black coloured Hero Splendor omer and could be apprehended, a at the informed place and laid a 2026 ction grant tered nces at on ioner le of the ndor ed, a a AMIT SHARMA 2026.03.07 12:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-24708- barricade. Some accused. He wa containing 01 kg possession, which formally arrested admitting their inv certain other pers subsequently arres 3. It is a falsely implicated The provisions of He is in custody s near future as only fruitful purpose wo is, therefore, argue 4. Per c the gravity of the deserve to be exten 5. This C for both the parties 6. The p contraband and co -2025 (O&M) 2 Some time thereafter, the petitioner re e was stopped. On conducting s 01 kg and 500 grams of heroin, was which was taken into custody. The p rested. On interrogation, they su eir involvement in the crime. On th r persons were also nominated as y arrested. Investigation now stands co It is argued by learned counsel for t licated in this case. A false recovery ons of NDPS Act were not complied tody since long. There are no chance as only 03 out of 33 prosecution witne ose would be served by detaining him , argued that he deserves to be released Per contra, learned State counsel has of the allegations as levelled agains e extended benefit of bail and the petit This Court has heard the rival submis parties at considerable length. The petitioner is alleged to be invol and commercial quantity of contraba ner reached there alongwith the co- ting search, one black colour bag was recovered from his conscious The petitioner and co-accused were ey suffered disclosure statements On the basis of the said disclosure, d as additional accused and were ands concluded. l for the petitioner that he has been covery has been planted upon him. plied with at the time of his arrest. chances of conclusion of trial in the witnesses have been examined. No him. His antecedents are clean. It eleased on bail. sel has argued that keeping in view against the petitioner, he does not e petition is liable to be dismissed. ubmissions made by learned counsel involved in the business of selling ntraband had been recovered at his - bag cious were ents sure, were been him. rrest. n the . No n. It view not unsel lling t his AMIT SHARMA 2026.03.07 12:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-24708- instance alongwith for commission o custody since 19.0 future are bleak. account of delay i the light of Sectio upon the observa Hussain v. State held that grant of fettered under Sec A of Cr.P.C. whic that jails are overc appalling. The da likely to be harde Manmandal and (Criminal) No.865 of Odisha, 2023 L extended benefit o period by observ precious fundamen in such a situatio embargo contained -2025 (O&M) 3 ngwith the co-accused. The allegation sion of subject offences against him, 9.06.2024. The chances of conc leak. It is well settled proposition elay in trial and long period of incarc Section 37 of the NDPS Act. Relianc bservations made by Hon’ble Apex tate (NCT of Delhi), 2023 SCC On ant of bail on account of undue delay er Section 37 of the NDPS Act, given . which is applicable to offence under e overcrowded and their living condit he danger of unjustified imprisonm hardened rather than reformed. Relia and Another v. State of West Be o.8656 of 2023 decided on 14.09.20 023 LiveLaw (SC) 533, wherein the nefit of bail to the accused who had bserving that prolonged incarceratio damental right guaranteed under Arti ituation, the constitutional principles ntained under Section 37 of the NDPS egations make out a prima facie case t him, however, he has now been in conclusion of the trial in the near sition of law that grant of bail on incarceration is to be considered in liance in this regard can be placed pex Court in Mohd. Muslim @ OnLine SC 352, wherein it was e delay in trial cannot be said to be given the imperative of Section 436- under the Act. It was also observed conditions are, more often than not, isonment is that inmates are more . Reliance can also be placed upon t Bengal, Special Leave Petition 9.2023 and Rabi Prakash v. State ein the Hon’ble Supreme Court had o had been incarcerated for a long ceration militated against the most er Article 21 of the Constitution and nciples must override the statutory NDPS Act. case en in near il on ed in laced @ was to be - rved not, more upon ion ate t had long most and utory AMIT SHARMA 2026.03.07 12:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-24708- 7. Relia Chhattishgarh & pronounced verdic 37 of NDPS Act w as it comes with completion of tria held that appella commercial quant incarceration for a 8. Simil v. Central Bureau and inordinate del considered the cor including Section 436A (which requ not concluded wit would apply.
9. In th Crminal Appeal quantity of narcoti of bail to the accus and 08 months of t -2025 (O&M) 4 Reliance can also be placed upon h & Anr., Criminal Appeal No.48 verdict of Hon’ble Supreme Court ob Act will not be a bar for considering th a condition that the prosecuti of trial. In the above-mentioned case ppellant who was being prosecuted quantity of narcotic substance, was n for a period of 19 months.
Similarly in another case i.e. in the c reau of Investigation, (2022) 10 SC te delay engaged the attention of the H he correct approach towards bail, with ection 37 NDPS Act. The court expre h requires inter alia the accused to be ed within specified periods) of the Cr In the case of Ismail Khan @ Pa eal No.4911 of 2025 with regard narcotic substance, the Hon’ble Supre e accused in view of prolonged incarce ths of the accused.
upon Santosh Pawar Vs. State of o.4883/2025, which is a recently ourt observing that rigors of Section ering the case of an accused for bail osecution would press for an early d case, the Hon’ble Supreme Court ecuted for being in possession of was entitled for bail in view of her n the case of Satender Kumar Antil 0 SCC 51 prolonged incarceration f the Hon’ble Supreme Court, which l, with respect to several enactments, t expressed the opinion that Section to be enlarged on bail if the trial is the Criminal Procedure Code, 1973 Pathan vs. State of Rajasthan regard to recovery of commercial Supreme Court accorded the benefit incarceration for a period of 02 years of ently ction r bail early ourt n of f her ntil ation hich ents, ction ial is 1973 an rcial nefit years AMIT SHARMA 2026.03.07 12:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-24708- 10. Simil No.15699-2025 tit and in the case of of 2025.
11. On an case in the light o petitioner has suff months and 08 da only 03 out of 3 antecedents of the is not likely to se that if released on abscond. 12. In vie case is made out f petition is allowed his furnishing pers trial Court/Chief J 13. Howe cancellation of b subsequent case. -2025 (O&M) 5 Similar benefit has been extended 25 titled as Ebrahim @ Ibrahim SK ase of Pamesh Arora vs. UT Chandig On analyzing the peculiar facts and light of the aforementioned principle as suffered prolonged incarceration fo 08 days. The trial is not likely to b t of 33 prosecution witnesses have of the petitioner are clean. The contin to serve any fruitful purpose. There sed on bail, the petitioner will not p In view of the above discussion, this e out for grant of bail to the petitioner llowed and the petitioner is ordered to g personal as well as surety bonds to hief Judicial Magistrate/Duty Magistr However, it will be open for th of bail in case the petitioner is f case. ended in another appeal i.e. SLP SK vs. The State of West Bengal ndigarh Criminal Appeal No.4872 ts and circumstances of the present nciples of law, it transpires that the tion for over a period of 01 year, 08 ly to be concluded in near future as ave been examined so far. The continued detention of the petitioner There is nothing on record to show l not participate in the trial or will n, this Court is of the opinion that a itioner at this stage. Accordingly, the ered to be released on bail subject to nds to the satisfaction of the learned agistrate concerned. or the prosecution to apply for r is found involved in any other LP gal 72 esent t the r, 08 re as The ioner show will hat a , the ct to rned for other AMIT SHARMA 2026.03.07 12:17 I attest to the accuracy and integrity of this order/judgment. CRM-M-24708- 14. It is m the purpose of dec on the merits of th 15. Since any, is rendered in 06.03.2026 Amit Sharma -2025 (O&M) 6 It is made clear that any observation of deciding the present petition and t s of the case. ce the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes
   vation made herein above is only for and the same shall have no bearing een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
for aring n, if AMIT SHARMA 2026.03.07 12:17 I attest to the accuracy and integrity of this order/judgment.