IN THE HIGH COURT OF PUNJAB & HARYANA 243 ASHISH STATE OF HARYANA CORAM: Present: MANJARI NEHRU KAUL, J. 1. 2023 for grant of regular bail to the petitioner in case FIR No.400 dated 03.07.2022 under Sections 20, 25, 27A of the Pyschotropic Substances Act, 1985 District Sonepat (Annexure P 2. submits that the constitutional right of the petitioner to a fair and speedy trial has been compromised for reasons not attributable to him, but to the prosecution witnesses, who, for reasons best known to them, have been absenting themselves before the learned trial Court. on Rabi Prakash Vs. The State of Odisha Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.) No.6690/2022] identical circumstances, the bar created under S IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: Versus HARYANA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Sanpreet Sandhu, Advocate for the petitioner. Mr. Rajat Gautam, Addl. A.G., Haryana. MANJARI NEHRU KAUL, J.(ORAL) The instant petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.400 dated 03.07.2022 under Sections 20, 25, 27A of the Pyschotropic Substances Act, 1985, registered at Police Station Kharkhoda, District Sonepat (Annexure P-1). Learned counsel appearing for the petitioner, at the outset, submits that the constitutional right of the petitioner to a fair and speedy trial has been compromised for reasons not attributable to him, but to the prosecution witnesses, who, for reasons best known to them, have been absenting themselves before the learned trial Court. Rabi Prakash Vs. The State of Odisha Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.) No.6690/2022], it has been argued by the learned counsel that in almost identical circumstances, the Hon’ble Supreme Court, while doing away with the bar created under Section 37 of the NDPS Act, had granted bail to the IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-8745-2025 Date of decision: July 08, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL A.G., Haryana. The instant petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.400 dated 03.07.2022 under Sections 20, 25, 27A of the the Narcotic Drugs and , registered at Police Station Kharkhoda, for the petitioner, at the outset, submits that the constitutional right of the petitioner to a fair and speedy trial has been compromised for reasons not attributable to him, but to the prosecution witnesses, who, for reasons best known to them, have been absenting themselves before the learned trial Court. While placing reliance Rabi Prakash Vs. The State of Odisha : 2023 LiveLaw (SC) 533 and Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.) , it has been argued by the learned counsel that in almost the Hon’ble Supreme Court, while doing away with ection 37 of the NDPS Act, had granted bail to the Petitioner .....Respondent The instant petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.400 dated the Narcotic Drugs and , registered at Police Station Kharkhoda, for the petitioner, at the outset, submits that the constitutional right of the petitioner to a fair and speedy trial has been compromised for reasons not attributable to him, but to the prosecution witnesses, who, for reasons best known to them, have been While placing reliance and Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.) , it has been argued by the learned counsel that in almost the Hon’ble Supreme Court, while doing away with ection 37 of the NDPS Act, had granted bail to the Jaspreet Kaur 2025.07.09 12:24 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8745 accused therein, even though the recovered contraband had as ‘commercial’ under the NDPS Act. Learned counsel has submitted that the petitioner also deserves similar relief the challan was presented on 28.09.2022, charges were framed on 28.04.2023, however, completely examined while possibility of the trial concluding in the near future did not arise. 3. petitioner has any previous criminal antecedents, he has categorically replied in the negative. 4. and submissions made by the counsel opposite petitioner has been in prosecution witnesses still remain to be examined. However, it has been argued by the learned State counsel, on instructions, that the petitioner was intercepted along with the co involvement in drug trafficking; a recovery of 137.570 kgs of therefter effected from the car, in which both the petitioner and the co accused were travelling. It has been submitted that the recovery of the contraband in the present c mandatory provisions of the NDPS Act. 5. prosecution witnesses in the present case, learned State counsel has not been 8745-2025 accused therein, even though the recovered contraband had as ‘commercial’ under the NDPS Act. Learned counsel has submitted that the petitioner also deserves similar relief as it is a matter of record that after the challan was presented on 28.09.2022, charges were framed on .2023, however, till date, only two prosecution witnesses had been completely examined while one had been partly examined. Hence, the possibility of the trial concluding in the near future did not arise. On a pointed query put to the learned counsel as to whether the petitioner has any previous criminal antecedents, he has categorically replied in the negative. Per contra, learned State counsel, while opposing and submissions made by the counsel opposite petitioner has been in custody since 03.07.2022 and as many as 38 prosecution witnesses still remain to be examined. However, it has been argued by the learned State counsel, on instructions, that the petitioner was intercepted along with the co-accused, following a tip off rega involvement in drug trafficking; a recovery of 137.570 kgs of therefter effected from the car, in which both the petitioner and the co accused were travelling. It has been submitted that the recovery of the contraband in the present case was made after due compliance of the mandatory provisions of the NDPS Act. On being pointedly asked about the repeated absence of the prosecution witnesses in the present case, learned State counsel has not been -2- accused therein, even though the recovered contraband had been classified as ‘commercial’ under the NDPS Act. Learned counsel has submitted that as it is a matter of record that after the challan was presented on 28.09.2022, charges were framed on prosecution witnesses had been had been partly examined. Hence, the possibility of the trial concluding in the near future did not arise. On a pointed query put to the learned counsel as to whether the petitioner has any previous criminal antecedents, he has categorically replied , learned State counsel, while opposing the prayer and submissions made by the counsel opposite, has not disputed that the custody since 03.07.2022 and as many as 38 prosecution witnesses still remain to be examined. However, it has been argued by the learned State counsel, on instructions, that the petitioner was accused, following a tip off regarding their involvement in drug trafficking; a recovery of 137.570 kgs of ganja was therefter effected from the car, in which both the petitioner and the co- accused were travelling. It has been submitted that the recovery of the ase was made after due compliance of the On being pointedly asked about the repeated absence of the prosecution witnesses in the present case, learned State counsel has not been been classified as ‘commercial’ under the NDPS Act. Learned counsel has submitted that as it is a matter of record that after the challan was presented on 28.09.2022, charges were framed on prosecution witnesses had been had been partly examined. Hence, the On a pointed query put to the learned counsel as to whether the petitioner has any previous criminal antecedents, he has categorically replied the prayer , has not disputed that the custody since 03.07.2022 and as many as 38 prosecution witnesses still remain to be examined. However, it has been argued by the learned State counsel, on instructions, that the petitioner was rding their was - accused were travelling. It has been submitted that the recovery of the ase was made after due compliance of the On being pointedly asked about the repeated absence of the prosecution witnesses in the present case, learned State counsel has not been Jaspreet Kaur 2025.07.09 12:24 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8745 able to controvert the same, however, it has been submitted that a perusal of the zimni orders, which have been annexed along with the the Deputy Commissioner of Police, West, Sonipat dated 16.05.2025, filed in the Registry of this Court, reveals that on some of the dates, the case could not be taken up by the learned trial Court on account of an application moved on beha query, learned State counsel, on instructions, has not disputed that the petitioner has no previous criminal antecedents. 6. relevant material placed on record. 7. Odisha : 2023 LiveLaw (SC) 533 Uttar Pradesh [SLP(Crl.) No.6690/2022] an accused, who had been allegedly apprehended with contraband classified as ‘commercial’ under the NDPS Act only on account of his long incarceration and the delay in the trial not being attributable to him. Hon'ble the Supreme Court in Pradesh (SLP(Crl.) No.6690/2022) under:- “… commercial in nature and the provisions of Sec may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed this stage, more so when the trial is yet to commence though the charges have been framed.” 8745-2025 able to controvert the same, however, it has been submitted that a perusal of orders, which have been annexed along with the the Deputy Commissioner of Police, West, Sonipat dated 16.05.2025, filed in the Registry of this Court, reveals that on some of the dates, the case could not be taken up by the learned trial Court on account of an application moved on behalf of the co-accused for personal exemption. query, learned State counsel, on instructions, has not disputed that the petitioner has no previous criminal antecedents. I have heard learned counsel for the parties and perused the terial placed on record. The Hon’ble Supreme Court in Odisha : 2023 LiveLaw (SC) 533 and Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.) No.6690/2022], extended the concession of bail to an accused, who had been allegedly apprehended with contraband classified as ‘commercial’ under the NDPS Act only on account of his long incarceration and the delay in the trial not being attributable to him. e the Supreme Court in Dheeraj Kumar Shukla Vs. State of Uttar Pradesh (SLP(Crl.) No.6690/2022), decided on 25.01.2023 “…. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Sec may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed this stage, more so when the trial is yet to commence though the charges have been framed.” -3- able to controvert the same, however, it has been submitted that a perusal of orders, which have been annexed along with the status report of the Deputy Commissioner of Police, West, Sonipat dated 16.05.2025, filed in the Registry of this Court, reveals that on some of the dates, the case could not be taken up by the learned trial Court on account of an application accused for personal exemption. On a further query, learned State counsel, on instructions, has not disputed that the petitioner has no previous criminal antecedents. I have heard learned counsel for the parties and perused the The Hon’ble Supreme Court in Rabi Prakash Vs. The State of Dheeraj Kumar Shukla Vs. State of , extended the concession of bail to an accused, who had been allegedly apprehended with contraband classified as ‘commercial’ under the NDPS Act only on account of his long incarceration and the delay in the trial not being attributable to him. The Dheeraj Kumar Shukla Vs. State of Uttar decided on 25.01.2023, has observed as . It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the able to controvert the same, however, it has been submitted that a perusal of status report of the Deputy Commissioner of Police, West, Sonipat dated 16.05.2025, filed in the Registry of this Court, reveals that on some of the dates, the case could not be taken up by the learned trial Court on account of an application On a further query, learned State counsel, on instructions, has not disputed that the I have heard learned counsel for the parties and perused the Rabi Prakash Vs. The State of Dheeraj Kumar Shukla Vs. State of , extended the concession of bail to an accused, who had been allegedly apprehended with contraband classified as ‘commercial’ under the NDPS Act only on account of his long The Dheeraj Kumar Shukla Vs. State of Uttar has observed as tion 37 of the Act this stage, more so when the trial is yet to commence though the Jaspreet Kaur 2025.07.09 12:24 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8745 8. ratio of law laid down by the Hon’ble Supreme Court in The State of Odisha : 2023 LiveLaw (SC) 533 Vs. State of Uttar Pradesh [SLP(Crl.) No.6690/202 9. this Court deems it fit to extend the concession of bail to the petitioner. Accordingly, the instant petition is allowed bail on his Court/Duty Magistrate concerned. 10. put to stringent conditions so as to ensure his regular appearance before the learned trial Court on each and every date of hearing. 11. the bail, shall impose any such stringent conditions upon the petitioner so as to ensure his presence on each and every date of hearing before trial Court concerned. 12. cooperate for the expeditious conclusion of the trial and in case any misuse of the concession of bail comes to light, the State shall be at liberty to approach this Court for cancellation of bail to the petitioner. 8745-2025 The case of the petitioner is, therefore, squarely covered by the ratio of law laid down by the Hon’ble Supreme Court in The State of Odisha : 2023 LiveLaw (SC) 533 Vs. State of Uttar Pradesh [SLP(Crl.) No.6690/202 In view of facts and circumstances enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. Accordingly, the instant petition is allowed, and the petitioner be admitted to furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, learned State counsel has prayed that the petitioner be put to stringent conditions so as to ensure his regular appearance before the al Court on each and every date of hearing. In view of the prayer made, the Court concerned, while granting the bail, shall impose any such stringent conditions upon the petitioner so as to ensure his presence on each and every date of hearing before trial Court concerned. Needless to add, the defence as well as the prosecution shall cooperate for the expeditious conclusion of the trial and in case any misuse of the concession of bail comes to light, the State shall be at liberty to proach this Court for cancellation of bail to the petitioner. -4- The case of the petitioner is, therefore, squarely covered by the ratio of law laid down by the Hon’ble Supreme Court in Rabi Prakash Vs. The State of Odisha : 2023 LiveLaw (SC) 533 and Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.) No.6690/2022]. facts and circumstances enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. and the petitioner be admitted to furnishing bail/surety bonds to the satisfaction of the Trial However, learned State counsel has prayed that the petitioner be put to stringent conditions so as to ensure his regular appearance before the al Court on each and every date of hearing. In view of the prayer made, the Court concerned, while granting the bail, shall impose any such stringent conditions upon the petitioner so as to ensure his presence on each and every date of hearing before the learned Needless to add, the defence as well as the prosecution shall cooperate for the expeditious conclusion of the trial and in case any misuse of the concession of bail comes to light, the State shall be at liberty to proach this Court for cancellation of bail to the petitioner. The case of the petitioner is, therefore, squarely covered by the Rabi Prakash Vs. Dheeraj Kumar Shukla facts and circumstances enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. and the petitioner be admitted to furnishing bail/surety bonds to the satisfaction of the Trial However, learned State counsel has prayed that the petitioner be put to stringent conditions so as to ensure his regular appearance before the In view of the prayer made, the Court concerned, while granting the bail, shall impose any such stringent conditions upon the petitioner so as the learned Needless to add, the defence as well as the prosecution shall cooperate for the expeditious conclusion of the trial and in case any misuse of the concession of bail comes to light, the State shall be at liberty to Jaspreet Kaur 2025.07.09 12:24 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8745 13. shall not be construed to be an expression of op case. July 08, 2025 Jaspreet Kaur 8745-2025 However, it is made clear that anything shall not be construed to be an expression of op , 2025 Whether speaking/reasoned Whether reportable -5- However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No observed hereinabove inion on the merits of the Jaspreet Kaur 2025.07.09 12:24 I attest to the accuracy and integrity of this document Chandigarh