CRM-M-22470- IN THE H (221) JASPREET SING STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The under Section 48 “BNSS”) for gran 29.07.2024 registe Substances Act (f on) at Police Stati filed by him had b 2. As p patrolling purpose 0404 make Verna Sito Gunno. Dur person on the ad -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. R.S. Sangha, Advocate for the pe Ms. Sakshi Bakshi, AAG, Punjab **** BATRA, J. (ORAL) The instant one is the second petitio on 483 of Bharatiya Nagarik Surak r grant of regular bail in case arisi registered under Section 21(C) of Nar (for short “NDPS Act”) (Section e Station Sadar Abohar, District Fazi had been dismissed as withdrawn vide As per the allegations, a barricade urposes on 29.07.2024. A car beari Verna, White Colour was signaled to . During checking, the driver disclo the adjoining seat disclosed his nam JAB AND HARYANA AT ARH CRM-M-22470-2026 (O&M) Date of decision : 19.05.2026 ... Petitioner ...Respondent ANISHA BATRA the petitioner petition preferred by the petitioner Suraksha Sanhita, 2023 (for short e arising out of FIR No.51 datede Narcotic Drugs and Psychotropic ection 27 of NDPS Act added later t Fazilka. The previous petition as n vide order dated 13.01.2026. rricade was laid by the police for r bearing registration No.PB-03BA- led to stop coming from the side of disclosed his name as Veer Singh, s name as Sandeep Singh and the M) 2026 oner dent ioner short atede ropic later n as for - de of ingh, the AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-22470- person on the rea petitioner. On co recovered from a They were forma The petitioner and the contraband had this case as additio 3. It is a falsely implicated is in custody sinc have not been com would be served considerable time prosecution witne petitioner are clea ground to him to his fundamental ri has been extended same benefit. Wi released on bail an 4. Per c report has submit petition. The rigo -2026 (O&M) 2 he rear seat disclosed his name as J On conducting search of the said c rom a white coloured polythene bag ormally arrested after following the du er and co-accused suffered disclosur nd had been supplied by Gurmeet Sing additional accused. Investigation now It is argued by learned counsel for t icated in this case. A false recovery h y since 29.07.2024. The mandatory en complied with while arresting the erved by detaining him in custody e time to conclude as only 06 pros witnesses have been examined so re clean. Each day spent by him in im to seek bail afresh. His prolonged ntal right to speedy trial. The co-acc tended benefit of bail. On parity, he to With these broad submissions, it i bail and the petition deserves to be allo Per contra, learned State counsel w submitted that this petition is not m e rigors of Section 37 of the NDPS Ac e as Jaspreet Singh i.e. the present said car, 280 grams of heroin was e bag near the gear box of the car. the due procedure under NDPS Act. closure statements to the effect that et Singh, who was also nominated in n now stands concluded. l for the petitioner that he has been very has been planted upon him. He datory provisions of the NDPS Act g the petitioner. No useful purpose stody anymore. The trial will take 6 prosecution witnesses out of 20 d so far. The antecedents of the im in custody has furnished a new onged incarceration militates against accused Sandeep Singh @ Sonu y, he too deserves to be extended the ns, it is urged that he deserves to be be allowed. nsel while relying upon the status not maintainable being the second PS Act are attracted in this case, the esent was car. Act. that ed in been He Act pose take f 20 f the new ainst Sonu d the to be tatus cond , the AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-22470- recovery being c absconding or co therefore, argued t 5. This C for the parties at co 6. So fa successive one is c move successive b while entertaining ground which per earlier application day spent by an a bail application un indefinite period a repeatedly. The d press for early co 29.07.2024. The t of law that grant incarceration is to Reliance in this re Apex Court in Mo OnLine SC 352, in trial cannot be -2026 (O&M) 3 eing commercial in nature. There or committing similar offence, if ex gued that the petition does not deserve s Court has heard the rival submis es at considerable length. So far as the question of maintain ne is concerned, it may be mentioned ssive bail application for grant of bail aining such a subsequent bail applicat ch persuade it to take a view differe ion is made out or not. It is also r y an accused in custody provides a ne tion under certain circumstances. He eriod and the bail application can be The denial of bail comes with a cond arly completion of the trial. The p The trial will take considerable time grant of bail on account of delay n is to be considered in the light of this regard can be placed upon the o n Mohd. Muslim @ Hussain v. Sta 52, wherein it was held that grant of ot be said to be fettered under Sectio There are chances of petitioner’s , if extended benefit of bail. It is, eserves to be allowed. ubmissions made by learned counsel aintainability of this petition being tioned that, an accused has a right to f bail and it is the duty of the Court, pplication, to consider that any fresh different from the one taken in the also required to be noted that every es a new cause of action for filing a He cannot be kept in custody for an be considered even if it is filed condition that the prosecution must The petitioner is in custody since ime. It is well settled proposition delay in trial and long period of ht of Section 37 of the NDPS Act. the observations made by Hon’ble . State (NCT of Delhi), 2023 SCC ant of bail on account of undue delay Section 37 of the NDPS Act, given ner’s It is, unsel eing ht to ourt, fresh the very ing a y for filed must since ition d of Act. ble CC elay iven AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-22470- the imperative of the Act. It was conditions are, m imprisonment is reformed. Relianc of West Bengal, S 14.09.2023 and R wherein the Hon’b who had been in incarceration milit under Article 21 o principles must ov the NDPS Act. 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 -2026 (O&M) 4 ve of Section 436-A of Cr.P.C. which was also observed that jails are o are, more often than not, appalling nt is that inmates are more likely eliance can also be placed upon Man al, Special Leave Petition (Criminal nd Rabi Prakash v. State of Odis Hon’ble Supreme Court had extended een incarcerated for a long period n militated against the most precious le 21 of the Constitution and in such ust override the statutory embargo c 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 with a condition that the prosecuti of trial. In the above-mentioned case ppellant who was being prosecuted quantity of narcotic substance, was e n for a period of 19 months.
which is applicable to offence under are overcrowded and their living palling. The danger of unjustified likely to be hardened rather than Manmandal and Another v. State inal) No.8656 of 2023 decided on Odisha, 2023 LiveLaw (SC) 533, tended benefit of bail to the accused eriod by observing that prolonged ecious fundamental right guaranteed such a situation, the constitutional argo contained under Section 37 of 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 nder iving tified than tate on 33, used nged teed ional 7 of of ently ction r bail early ourt n of f her AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-22470- 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 10. Simil No.15699-2025 tit and in the case of of 2025.
11. On an case in the light o petitioner has suf months and 15 da only 07 out of 20 accused Sandeep S -2026 (O&M) 5 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.
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 days. The trial is not likely to b 20 prosecution witnesses have be deep Singh @ Sonu has already been 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 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 ration for a period of 01 year, 09 ly to be concluded in near future as ve been examined so far. The co- y been extended benefit of bail. On ntil ation hich ents, ction ial is 1973 an rcial nefit years LP gal 72 esent t the 09 re as - . On AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment. CRM-M-22470- parity, too he dese of the petitioner is record to show tha trial or will abscon 12. In vie case is made out f petition is allowed his furnishing per trial Court/Chief J 13. It is, be construed as an and shall not influ 14. Since any, is rendered in 19.05.2026 Amit Sharma -2026 (O&M) 6 e deserves to be extended the said ben oner is not likely to serve any fruitful ow that if released on bail, the petitio abscond. 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 It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No aid benefit. The continued detention fruitful purpose. There is nothing on petitioner will not participate in the 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. e observations made above shall not this Court on the merits of the case ial in any manner. allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No ntion g on n the hat a , the ct to rned l not case n, if AMIT SHARMA 2026.05.19 18:51 I attest to the accuracy and integrity of this order/judgment.