CRM-M-18846- IN THE H RAJ KUMAR STATE OF PUNJ 1 The dat 2 The dat 3 The dat website 4 Whethe pronoun pronoun 5 The del judgme CORAM: HON Present: Mr. Mr. R **** MANISHA BATR 1. The 483 of Bharatiya of regular bail in under Sections 21 Substances Act District Amritsar. -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH Versus PUNJAB he date when the judgment is reserved he date when the judgment is pronoun he date when the judgment is uploaded ebsite hether only operative part of the judg ronounced or whether the full judgmen ronounced he delay, if any, of the pronouncement dgment and reasons thereof. HON'BLE MRS. JUSTICE MANIS Mr. Jashandeep Singh Sandhu, Advoc Mr. Roshandeep Singh, AAG, Punjab **** BATRA, J. The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 ail in case arising out of FIR No.55 ons 21, 23(C), 25 and 29 of the Nar (for short “NDPS Act”) at Po ritsar. JAB AND HARYANA AT ARH CRM-M-18846-2026 (O&M) ... Petitioner ...Respondent served 06.08.2026 onounced 07.08.2026 loaded on the 07.08.2026 e judgment is dgment is Full cement of full Not applicable ANISHA BATRA Advocate for the petitioner Punjab filed by the petitioner under Section , 2023 (for short “BNSS”) for grant 55 dated 14.12.2023 registered Narcotic Drugs and Psychotropic at Police Station SSOC Amritsar, ction grant tered ropic itsar, AMIT SHARMA 2026.08.07 16:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-18846- 2. As p information to the the petitioner wer smuggling of hero had received hu drones from the a apprehended with informed place an in a car. Recover the car. The peti now stands conclu 3. It is a falsely implicated There was no com NDPS Act. The The principle of p further incarcerati cases cannot be co prolonged incarcer Article 21 of the deserves to be allo -2026 (O&M) 2 As per the allegations, on 14.12.2 to the effect that the accused Jagdeep er were in contact with Pakistani sm f heroin across the border and that on d huge quantity of heroin from the the area of Dhanoa region of Attari d with the same, a raiding party was ace and apprehended the petitioner an ecovery of 500 grams of heroin was e e petitioner and co-accused were for concluded. It is argued by learned counsel for t licated in this case. A false recovery o compliance of mandatory provision The co-accused Jagdeep Singh has le of parity weighs in his favour. He rceration would not serve any purpos t be considered to be a reason for deny carceration militates against his funda f the Constitution of India. It is, the be allowed. 4.12.2023, on receipt of a secret agdeep Singh, Davinder Kumar and ni smugglers and were involved in that on the previous night also, they m the Pakistani smugglers through Attari Border and that they could be y was formed which reached at the r and co-accused while they were was effected from the dashboard of ere formally arrested. Investigation l for the petitioner that he has been covery has been planted upon him. visions of Sections 42 and 50 of the h has been extended benefit of bail. r. He is in custody since long. His purpose. His involvement in other r denying benefit of bail to him. His fundamental right guaranteed under is, therefore, urged that the petition ecret r and ed in they ough ld be t the were rd of ation been him. f the l. His other His nder tition AMIT SHARMA 2026.08.07 16:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-18846- 4. Per c against the petition chances of his com bail. It is, therefor 5. This C for the parties at co 6. The p smuggling of cont chances of concl proposition of law of incarceration is Reliance in this re Apex Court in Mo OnLine SC 352, in trial cannot be the imperative of S the Act. It was conditions are, m imprisonment is reformed. Relianc of West Bengal, S 14.09.2023 and R -2026 (O&M) 3 Per contra, learned State counsel ha petitioner are serious in nature. He is is committing similar offences or absc erefore, stressed that the petition does This Court has heard the rival submis es at considerable length. The petitioner alongwith the co-accus f contraband. The petitioner is in cu conclusion of trial in near future of law that grant of bail on account of tion is to be considered in the light of this regard can be placed upon the o Mohd. Muslim @ Hussain v. Sta 52, wherein it was held that grant of ot be said to be fettered under Sectio 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 nsel has argued that the allegations He is a habitual offender. There are or absconding, if extended benefit of n does not deserve to be allowed. ubmissions made by learned counsel accused is alleged to be involved in s in custody since 19.12.2023. The uture are bleak. It is well settled unt of delay in trial and long period ight 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 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, tions e are fit of unsel ed in The ttled eriod Act. n’ble CC elay iven nder iving tified than tate on 33, AMIT SHARMA 2026.08.07 16:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-18846- wherein the Hon’b who had been in incarceration milit under Article 21 o principles must ov the NDPS Act. 7. Relia Chhattishgarh & Supreme Court ob for considering the the prosecution w mentioned case, th prosecuted for bei was entitled for ba 8. Simil Investigation, (20 engaged the atten correct approach Section 37 NDPS (which requires in concluded within would apply. -2026 (O&M) 4 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 urt observed that rigors of Section 37 ing the case of an accused for bail as tion would press for an early comp ase, the Hon’ble Supreme Court held or being in possession of commercial for bail in view of her incarceration fo Similarly in Satender Kumar A , (2022) 10 SCC 51 prolonged inca e attention of the Hon’ble Supreme roach towards bail, with respect to NDPS Act. The court expressed th ires inter alia the accused to be enla within specified periods) of the Cri 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 l No.4883/2025, where Hon’ble ion 37 of NDPS Act will not be a bar ail as it comes with a condition that completion of trial. In the above- rt held that appellant who was being ercial quantity of narcotic substance, tion for a period of 19 months. r Antil v. Central Bureau of d incarceration and inordinate delay reme Court, which considered the ct to several enactments, including sed the opinion that Section 436A e enlarged on bail if the trial is not e Criminal Procedure Code, 1973 used nged teed ional 7 of of ble a bar that - eing ance, of elay the ding 36A s not 1973 AMIT SHARMA 2026.08.07 16:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-18846- 9. In th Crminal Appeal quantity of narcoti of bail to the accus and 08 months of t 10. Simil Ebrahim @ Ibra Pamesh Arora vs. 11. On an case in the light o petitioner has suff 02 months. The t of 16 prosecution involvement in oth detention of the p nothing on record participate in the t 12. In vie case is made out f petition is allowed his furnishing pers trial Court/Chief J -2026 (O&M) 5 In the case of Ismail Khan @ Pa eal No.4911 of 2025 with regard narcotic substance, the Hon’ble Supre ccused in view of prolonged incarce ths of the accused. Similar benefit has been extended in Ibrahim SK vs. The State of Wes a vs. UT Chandigarh Criminal Appe On analyzing the peculiar facts and light of the aforementioned principle as suffered prolonged incarceration for The trial is not likely to be concluded cution witnesses have been examine t in other cases, he cannot be denied b f the petitioner is not likely to serve record to show that if released on n the trial or will 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 Pathan vs. State of Rajasthan regard to recovery of commercial Supreme Court accorded the benefit incarceration for a period of 02 years ded in SLP No.15699-2025 titled as West Bengal and in the case of Appeal No.4872 of 2025. ts and circumstances of the present nciples of law, it transpires that the ion for a period of over 02 years and cluded in near future as only 05 out xamined so far. On account of his enied benefit of bail. The continued serve any fruitful purpose. There is ed on bail, the petitioner will not 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. an rcial nefit years as e of esent t the s and 5 out f his ed re is l not hat a , the ct to rned AMIT SHARMA 2026.08.07 16:43 I attest to the accuracy and integrity of this order/judgment. CRM-M-18846- 13. It is m the purpose of dec on the merits of th 14. Since any, is rendered in 07.08.2026 Amit Sharma -2026 (O&M) 6 It is made clear that any observation of deciding the present petition and t the case. Since the main petition has been all ered infructuous. (MAN Whether speaking/reasoned:- Yes Whether reportable:- Yes/No vation made herein above is only for and the same shall have no bearing allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No y for aring n, if AMIT SHARMA 2026.08.07 16:43 I attest to the accuracy and integrity of this order/judgment.