CRM-M-1297-2025 (O&M) 106+214 106+214 106+214 106+214 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Vijay Jaitly State of Punjab CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner in case bearing FIR No registered for the off the Narcotic Drugs and Psychotropic Substances Act’), at Police Station 2. accused of being involved in loose capsules Hydrochloride 3. is in custody since 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: versus Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Rishav Jain, Advocate and Ms. Shivaly Singla, Advocate for the petitioner. Mr. Jasjit Singh, DAG Punjab. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) regular bail to the petitioner in case bearing FIR No registered for the offences punishable under Section Narcotic Drugs and Psychotropic Substances at Police Station Shambhu, District Patiala The gravamen of the FIR in question is that the petitioner is accused of being involved in an FIR pertaining to NDPS Act involving loose capsules, i.e., Tramadol Hydrochloride and Dicyclomine Hydrochloride (1327.2 grams). Learned counsel for the petitioner has is in custody since 22.12.2023. Learned counsel 1 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----1297 1297 1297 1297----2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) Date of decision: Date of decision: Date of decision: Date of decision: August 07 August 07 August 07 August 07, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.178 dated 22.12.2023, ences punishable under Sections 21, 22, 29, 61, 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Shambhu, District Patiala. The gravamen of the FIR in question is that the petitioner is an FIR pertaining to NDPS Act involving 2400 Tramadol Hydrochloride and Dicyclomine Learned counsel for the petitioner has iterated that the petitioner Learned counsel for the petitioner has further 1 2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) , 2025 , 2025 , 2025 , 2025 Petitioner ….Respondent the for grant of 22.12.2023, of (for short ‘NDPS an 2400 Tramadol Hydrochloride and Dicyclomine that the petitioner has further MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment CRM-M-1297-2025 (O&M) submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has iterated that the liability thereof cannot be fastened upon the petitioner. has further iterated that the petitioner has than 01 year 4. arguing that the allegations raised and, thus, he State counsel has further submitted that rigors of Section 37 of the NDPS Act dismissed. Learned State counsel seeks to place on record custody certificate dated 06.08.2025 in Court, which is taken on record. 5. the available records of the case. 6. investigation was carried out and challan was presented on the charges were frame been cited, and only raised at Bar give rise to debatable issues shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Not tangible has been brought forward to indicate the likelihood of the petitioner 2025 (O&M) submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has iterated that thereof cannot be fastened upon the petitioner. has further iterated that the petitioner has suffered incarceration for more & 07 months. Thus, regular bail is prayed for. Learned State counsel has opposed the present petition arguing that the allegations raised against the petitioner he does not deserve the concession of the regular bail State counsel has further submitted that the instant bail plea is barred by the rigors of Section 37 of the NDPS Act, and thus, the same ought to be Learned State counsel seeks to place on record custody certificate 2025 in Court, which is taken on record. I have heard counsel for the rival the available records of the case. The petitioner was arrested on investigation was carried out and challan was presented on the charges were framed on 22.11.2024. Total and only 05 have been examined till date raised at Bar give rise to debatable issues shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Not tangible has been brought forward to indicate the likelihood of the petitioner 2 submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has iterated that the trial is delayed and thereof cannot be fastened upon the petitioner. Learned counsel suffered incarceration for more . Thus, regular bail is prayed for. Learned State counsel has opposed the present petition by against the petitioner are serious in nature does not deserve the concession of the regular bail. Learned he instant bail plea is barred by the , and thus, the same ought to be Learned State counsel seeks to place on record custody certificate 2025 in Court, which is taken on record. rival parties and have gone through The petitioner was arrested on 22.12.2023 whereinafter investigation was carried out and challan was presented on 15.06.2024 and Total 13 prosecution witnesses have have been examined till date. The rival contentions raised at Bar give rise to debatable issues shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner 2 submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. and Learned counsel suffered incarceration for more by are serious in nature Learned he instant bail plea is barred by the , and thus, the same ought to be Learned State counsel seeks to place on record custody certificate parties and have gone through whereinafter and prosecution witnesses have The rival contentions raised at Bar give rise to debatable issues shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into hing tangible has been brought forward to indicate the likelihood of the petitioner MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment CRM-M-1297-2025 (O&M) absconding from the process of justice or interfering with the prosecution evidence. 6.1. forth by the petitioner, folly thereof cannot be certificate dated has already suffered incarceration for a period of more than months and 13 days Section 37 of the NDPS Act Constitution of India. 6.2. Punjab Punjab Punjab Punjab passed in upon the ratio Hussainara Khatoon vs. Home Secy., State of Bihar (1980) 1 SCC 81; Abdul Rehman Antulay vs R.S. Nayak (1992) 1 SCC 225; Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Criminal) 494; Mohd Muslim @ Hussain vs. State (NCT of Delhi) 311; Criminal Appeal No.245/2020 dated 07.02.2020 titled as “Chitta Biswas Alias Subhas vs. The State of West Bengal”; “Nitish Adhikary @ Bapan vs. The State of West Bengal”, Special Leave to Appeal (Crl.) No.5530-2022 dated 22.08.20 vs. The State of Gujarat”; Criminal Appeal No.1169 of 2022 dated 05.08.2022 titled as Gopal Krishna Patra @ Gopalrusma vs. Union of India, 2025 (O&M) absconding from the process of justice or interfering with the prosecution A perusal of the zimni orders passed by the forth by the petitioner, indicates that the trial is folly thereof cannot be saddled upon the petitioner. certificate dated 06.08.2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of more than months and 13 days. In this view of the matter, the rigor imposed under Section 37 of the NDPS Act stands diluted in light of Constitution of India. This Court in a judgment titled as passed in CRM CRM CRM CRM----M M M M----64074 64074 64074 64074----2024 2024 2024 2024 (2025:PHHC:002695); after relying ratio decidendi of the judgments of the Hon’ble Supreme Court in Hussainara Khatoon vs. Home Secy., State of Bihar (1980) 1 SCC 81; Abdul Rehman Antulay vs R.S. Nayak (1992) 1 SCC 225; Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Criminal) 494; Mohd Muslim @ Hussain vs. State (NCT of Delhi) 311; Criminal Appeal No.245/2020 dated 07.02.2020 titled as “Chitta Biswas Alias Subhas vs. The State of West Bengal”; “Nitish Adhikary @ Bapan vs. The State of West Bengal”, Special Leave to Appeal (Crl.) 2022 dated 22.08.2022 titled as “Mohammad Salman Hanif Shaikh vs. The State of Gujarat”; Criminal Appeal No.1169 of 2022 dated 05.08.2022 titled as Gopal Krishna Patra @ Gopalrusma vs. Union of India, 3 absconding from the process of justice or interfering with the prosecution orders passed by the trial Court, brought indicates that the trial is indeed procrastinating and upon the petitioner. As per custody .2025 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of more than 01 year, 07 In this view of the matter, the rigor imposed under diluted in light of the Article 21 of the This Court in a judgment titled as Kulwinder versus State of Kulwinder versus State of Kulwinder versus State of Kulwinder versus State of (2025:PHHC:002695); after relying of the judgments of the Hon’ble Supreme Court in Hussainara Khatoon vs. Home Secy., State of Bihar (1980) 1 SCC 81; Abdul Rehman Antulay vs R.S. Nayak (1992) 1 SCC 225; Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Criminal) 494; Mohd Muslim @ Hussain vs. State (NCT of Delhi) reported as 2023 INSC 311; Criminal Appeal No.245/2020 dated 07.02.2020 titled as “Chitta Biswas Alias Subhas vs. The State of West Bengal”; “Nitish Adhikary @ Bapan vs. The State of West Bengal”, Special Leave to Appeal (Crl.) 22 titled as “Mohammad Salman Hanif Shaikh vs. The State of Gujarat”; Criminal Appeal No.1169 of 2022 dated 05.08.2022 titled as Gopal Krishna Patra @ Gopalrusma vs. Union of India, 3 absconding from the process of justice or interfering with the prosecution brought and As per custody .2025 filed by the learned State counsel, the petitioner 7 In this view of the matter, the rigor imposed under the Article 21 of the Kulwinder versus State of Kulwinder versus State of Kulwinder versus State of Kulwinder versus State of (2025:PHHC:002695); after relying of the judgments of the Hon’ble Supreme Court in Hussainara Khatoon vs. Home Secy., State of Bihar (1980) 1 SCC 81; Abdul Rehman Antulay vs R.S. Nayak (1992) 1 SCC 225; Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Criminal) 494; reported as 2023 INSC 311; Criminal Appeal No.245/2020 dated 07.02.2020 titled as “Chitta Biswas Alias Subhas vs. The State of West Bengal”; “Nitish Adhikary @ Bapan vs. The State of West Bengal”, Special Leave to Appeal (Crl.) 22 titled as “Mohammad Salman Hanif Shaikh vs. The State of Gujarat”; Criminal Appeal No.1169 of 2022 dated 05.08.2022 titled as Gopal Krishna Patra @ Gopalrusma vs. Union of India, MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment CRM-M-1297-2025 (O&M) and Ankur Chaudhary vs. State of Madhya Pradesh, 2024(4) RCR (Criminal) 17 prejudice that may result due to impermissible and avoidable delay since pressure on the prosecution and the Police, indubitably keeps the entire proceed with the trial with a reasonable dispatch. The guarantee serves a public suspicion due to unresolved criminal charges and lastly, it protects passage of time, thus, impairing the prosecutor and after having satisfied itself of twin conditions which are 2025 (O&M) and Ankur Chaudhary vs. State of Madhya Pradesh, 2024(4) RCR (Criminal) 172; has held, thus: “7.8. The right to a speedy and expeditious trial is not only a vital safeguard to prevent undue and oppressive incarceration; to mitigate anxiety and concern accompanying the accusation as well as to curtail any impairment in the ability of an accused to defend himself, but there is an overarching societal interest paving way for a speedy trial. This right has been repeatedly actuated in the recent past and the ratio decidendi of the above-referred to Supreme Court’s judgments have lai decisions opening up new vistas of fundamental rights. The concept of speedy trial is amalgamated into the Article 21 as an essential part of the fundamental right to life and liberty, guaranteed and preserved under our Constitution. The right to speedy trial begins with the actual restraint imposed at the time of the arrest of the accused and consequent incarceration which continues at all stages, namely, the stage of investigation, inquiry, trial, appeal and revision so that any possi prejudice that may result due to impermissible and avoidable delay since the time of the commission of the offence till the criminal proceedings consummate into a finality, could be averted. The speedy trial, early hearing and quick disposal are sine qua non overcrowded Court-dockets, the heavy volume of work and the resultant pressure on the prosecution and the Police, indubitably keeps the entire criminal jurisprudential mechanism under stress and strain. However, this cannot be an excuse for keeping the sword of Damocles hanging on the accused for an indefinite period of time. It does not serve any credit to the criminal justice system, rather it makes for a sad state of affairs. The guarantee of a speedy trial is intended to avoid oppression and prevent delay by imposing on the Court and the prosecution an obligation to proceed with the trial with a reasonable dispatch. The guarantee serves a threefold purpose. Firstly, it protects the accused against oppressive pre trial imprisonment; secondly, it relieves the accused of the anxiety and public suspicion due to unresolved criminal charges and lastly, it protects against the risk that evidence will be lost or memories dimmed by the passage of time, thus, impairing the himself. It goes without saying that the consequences of pre are grave. Accused, presumed innocent, till proven otherwise, are subjected to psychological and physical deprivations of jail under onerous conditions. Equally important, the burden of detention of such an accused frequently falls heavily on the innocent members of his family. There is yet another aspect of the matter which deserves consideration at this stage. The allegations in accused being involved in an FIR relating to commercial quantity of contraband under the NDPS Act, 1985. While considering a bail petition in a case involving commercial quantity, the Court has to keep in mind the rigours enumerated under Section 37 of NDPS Act, 1985 which mandates that Courts can grant bail to an accused only after hearing the public prosecutor and after having satisfied itself of twin conditions which are reasonable grounds for believing that the accused is no offence charged/alleged and that, he is not likely to commit any offence 4 and Ankur Chaudhary vs. State of Madhya Pradesh, 2024(4) RCR The right to a speedy and expeditious trial is not only a vital safeguard to prevent undue and oppressive incarceration; to mitigate anxiety and concern accompanying the accusation as well as to curtail any ity of an accused to defend himself, but there is an overarching societal interest paving way for a speedy trial. This right has been repeatedly actuated in the recent past and the ratio decidendi of the referred to Supreme Court’s judgments have laid down a series of decisions opening up new vistas of fundamental rights. The concept of speedy trial is amalgamated into the Article 21 as an essential part of the fundamental right to life and liberty, guaranteed and preserved under our he right to speedy trial begins with the actual restraint imposed at the time of the arrest of the accused and consequent incarceration which continues at all stages, namely, the stage of investigation, inquiry, trial, appeal and revision so that any possible prejudice that may result due to impermissible and avoidable delay since the time of the commission of the offence till the criminal proceedings consummate into a finality, could be averted. The speedy trial, early qua non of criminal jurisprudence. The dockets, the heavy volume of work and the resultant pressure on the prosecution and the Police, indubitably keeps the entire criminal jurisprudential mechanism under stress and strain. However, this cannot be an excuse for keeping the sword of Damocles hanging on the accused for an indefinite period of time. It does not serve any credit to the criminal justice system, rather it makes for a sad state of affairs. The ended to avoid oppression and prevent delay by imposing on the Court and the prosecution an obligation to proceed with the trial with a reasonable dispatch. The guarantee serves a threefold purpose. Firstly, it protects the accused against oppressive pre- trial imprisonment; secondly, it relieves the accused of the anxiety and public suspicion due to unresolved criminal charges and lastly, it protects against the risk that evidence will be lost or memories dimmed by the passage of time, thus, impairing the ability of the accused to defend himself. It goes without saying that the consequences of pre-trial detention are grave. Accused, presumed innocent, till proven otherwise, are subjected to psychological and physical deprivations of jail-life, usually onerous conditions. Equally important, the burden of detention of such an accused frequently falls heavily on the innocent members of his There is yet another aspect of the matter which deserves consideration at this stage. The allegations in the present case relate to accused being involved in an FIR relating to commercial quantity of contraband under the NDPS Act, 1985. While considering a bail petition in a case involving commercial quantity, the Court has to keep in mind the rated under Section 37 of NDPS Act, 1985 which mandates that Courts can grant bail to an accused only after hearing the public prosecutor and after having satisfied itself of twin conditions which are reasonable grounds for believing that the accused is not guilty of the offence charged/alleged and that, he is not likely to commit any offence 4 and Ankur Chaudhary vs. State of Madhya Pradesh, 2024(4) RCR The right to a speedy and expeditious trial is not only a vital safeguard to prevent undue and oppressive incarceration; to mitigate anxiety and concern accompanying the accusation as well as to curtail any ity of an accused to defend himself, but there is an overarching societal interest paving way for a speedy trial. This right has been repeatedly actuated in the recent past and the ratio decidendi of the d down a series of decisions opening up new vistas of fundamental rights. The concept of speedy trial is amalgamated into the Article 21 as an essential part of the fundamental right to life and liberty, guaranteed and preserved under our he right to speedy trial begins with the actual restraint imposed at the time of the arrest of the accused and consequent incarceration which continues at all stages, namely, the stage of ble prejudice that may result due to impermissible and avoidable delay since the time of the commission of the offence till the criminal proceedings consummate into a finality, could be averted. The speedy trial, early of criminal jurisprudence. The dockets, the heavy volume of work and the resultant pressure on the prosecution and the Police, indubitably keeps the entire criminal jurisprudential mechanism under stress and strain. However, this cannot be an excuse for keeping the sword of Damocles hanging on the accused for an indefinite period of time. It does not serve any credit to the criminal justice system, rather it makes for a sad state of affairs. The ended to avoid oppression and prevent delay by imposing on the Court and the prosecution an obligation to proceed with the trial with a reasonable dispatch. The guarantee serves a - trial imprisonment; secondly, it relieves the accused of the anxiety and public suspicion due to unresolved criminal charges and lastly, it protects against the risk that evidence will be lost or memories dimmed by the ability of the accused to defend trial detention are grave. Accused, presumed innocent, till proven otherwise, are life, usually onerous conditions. Equally important, the burden of detention of such an accused frequently falls heavily on the innocent members of his There is yet another aspect of the matter which deserves the present case relate to accused being involved in an FIR relating to commercial quantity of contraband under the NDPS Act, 1985. While considering a bail petition in a case involving commercial quantity, the Court has to keep in mind the rated under Section 37 of NDPS Act, 1985 which mandates that Courts can grant bail to an accused only after hearing the public prosecutor and after having satisfied itself of twin conditions which are t guilty of the offence charged/alleged and that, he is not likely to commit any offence MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment CRM-M-1297-2025 (O&M) particularly where such delay(s) is neither attributable to the accused nor justified at the end of the prosecution by cogent reas petition in a case governed by the rigours of Section 37 of the NDPS Act, 6.3. stated to be involved in been issued against him by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is mad question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 2025 (O&M) while on bail. The stringent rigours of Section 37 of the NDPS Act, 1985 must be meticulously scrutinized against the backdrop of accused’s fundamental right to a speedy trial. The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified at the end of the prosecution by cogent reas cannot be kept behind bars for an inordinate period of time by taking refuge in rigours laid down in Section 37 of the NDPS Act, 1985. The legislature in its wisdom, in order to ensure speedy and timely disposal of the cases under the Act, has provided for the constitution of special Courts under Section 36-A of the Act. However, this Court cannot turn eye to the protracted delays and systematic inefficiency that frustrate this legislative purpose. A Court of law is duty not become complicit in violation of an individual’s fundamental rights, notwithstanding anything contained in a statute. While dealing with bail petition in a case governed by the rigours of Section 37 of the NDPS Act, 1985, the Court must strike a judicious balance between the legislative intent to curb the menace of drugs and the sacrosanct right of the accused to a fair and expeditious trial. Prolonged incarceration, without justifiable cause, risks transforming pre-trial deten an outcome antithetical to the principle of justice and equity. Ergo, the unequivocal inference is that where the trial has failed to conclude within a reasonable time, resulting in prolonged incarceration, it militates against the precious fundamental rights of life and liberty granted under the law and, as such, conditional liberty overriding the statutory embargo created under Section 37 of the NDPS Act, 1985 ought to be considered as per facts of a given case. In ot words, grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 of the NDPS Act, 1985.” Further, as per the said custody certificate the petitioner is be involved in 01 more case, in which issued against him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586 another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the 5 while on bail. The stringent rigours of Section 37 of the NDPS Act, 1985 must be meticulously scrutinized against the backdrop of accused’s edy trial. The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified at the end of the prosecution by cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in rigours laid down in Section 37 of the NDPS Act, 1985. The legislature in its wisdom, in order to ensure speedy and timely disposal of ct, has provided for the constitution of special Courts A of the Act. However, this Court cannot turn Nelson’s to the protracted delays and systematic inefficiency that frustrate this legislative purpose. A Court of law is duty-bound to ensure that it does not become complicit in violation of an individual’s fundamental rights, notwithstanding anything contained in a statute. While dealing with bail petition in a case governed by the rigours of Section 37 of the NDPS Act, ourt must strike a judicious balance between the legislative intent to curb the menace of drugs and the sacrosanct right of the accused to a fair and expeditious trial. Prolonged incarceration, without justifiable trial detention into punitive imprisonment, an outcome antithetical to the principle of justice and equity. , the unequivocal inference is that where the trial has failed to conclude within a reasonable time, resulting in prolonged against the precious fundamental rights of life and liberty granted under the law and, as such, conditional liberty overriding the statutory embargo created under Section 37 of the NDPS Act, 1985 ought to be considered as per facts of a given case. In other words, grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 Further, as per the said custody certificate the petitioner is case, in which the production warrants have . However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR e out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and ; a Division Bench judgment of the 5 while on bail. The stringent rigours of Section 37 of the NDPS Act, 1985 must be meticulously scrutinized against the backdrop of accused’s edy trial. The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor ons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in rigours laid down in Section 37 of the NDPS Act, 1985. The legislature in its wisdom, in order to ensure speedy and timely disposal of ct, has provided for the constitution of special Courts Nelson’s to the protracted delays and systematic inefficiency that frustrate this to ensure that it does not become complicit in violation of an individual’s fundamental rights, notwithstanding anything contained in a statute. While dealing with bail petition in a case governed by the rigours of Section 37 of the NDPS Act, ourt must strike a judicious balance between the legislative intent to curb the menace of drugs and the sacrosanct right of the accused to a fair and expeditious trial. Prolonged incarceration, without justifiable tion into punitive imprisonment, , the unequivocal inference is that where the trial has failed to conclude within a reasonable time, resulting in prolonged against the precious fundamental rights of life and liberty granted under the law and, as such, conditional liberty overriding the statutory embargo created under Section 37 of the NDPS her words, grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 Further, as per the said custody certificate the petitioner is production warrants have . However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and Maulana Mohd. Amir Rashadi v. State of U.P. and ; a Division Bench judgment of the MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment CRM-M-1297-2025 (O&M) Hon’ble Calcutta High Court in case of (Criminal) 477 (Criminal) 477 (Criminal) 477 (Criminal) 477 as Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. undertrial is not warranted in the facts 7. ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned in addition to conditions that may be imposed by the concerned Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:- 2025 (O&M) Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 (Criminal) 477 (Criminal) 477 (Criminal) 477 & judgments of this Court in CRM Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. In view of above, the present petit ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court in addition to conditions that may be imposed by the concerned /Duty Magistrate, the petitioner shall remain bound by the following (i) The petitioner shall not mis (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone numb Investigating Officer/SHO of concerned Police Station and shall not change his cell permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be invol offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is 6 Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR & judgments of this Court in CRM-M No.38822-2022 titled ecided on 29.11.2021, and Balraj v. Balraj v. Balraj v. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an and circumstances of the case. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial /Duty Magistrate, the petitioner shall remain bound by the following The petitioner shall not mis-use the liberty granted. The petitioner shall not tamper with any evidence, oral or documentary, during the trial. ioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. The petitioner shall not in any manner try to delay the tioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is 6 Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR Sridhar Das v. State, 1998 (2) RCR 2022 titled Balraj v. Balraj v. Balraj v. Balraj v. Suffice to say, further detention of the petitioner as an ion is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to /Duty Magistrate. However, trial /Duty Magistrate, the petitioner shall remain bound by the following The petitioner shall not tamper with any evidence, oral or ioner shall not absent himself on any date before The petitioner shall not commit any offence while on The petitioner shall deposit his passport, if any, with the er to the Investigating Officer/SHO of concerned Police Station phone number without prior The petitioner shall not in any manner try to delay the tioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. ved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment CRM-M-1297-2025 (O&M) 8. which may be imposed by concerned hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. 10. opinion on the merits of the case. 11. application, if any, shall also stands disposed off. August 07 August 07 August 07 August 07, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: 2025 (O&M) mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the Ordered accordingly. Nothing said hereinabove shall be construed as a opinion on the merits of the case. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 7 mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon In case of breach of any of the aforesaid conditions and those trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the Nothing said hereinabove shall be construed as an expression of Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 7 mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon In case of breach of any of the aforesaid conditions and those /Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the n expression of Since the main case has been decided, pending miscellaneous MAHAVIR SINGH 2025.08.07 17:29 I attest to the accuracy and authenticity of this order/ judgment