The right to bail in NDPS cases is affirmed, especially when trial delays occur, emphasizing the balance between custody duration and the nature of contraband.

ORDER :

(Ashutosh Kumar, J.)

The present bail application has been filed by the accused-petitioner against the order dated 20.05.2023 passed by the Special Judge (NDPS Cases) & Additional Session Judge, Bhawani Mandi, District Jhalawar (Rajasthan), by which, the bail application, filed by the accused-petitioner under Section 439 Cr.P.C. in FIR No.191/2020 registered at Police Station Bhawani Mandi, District Jhalawar for the offence under Sections 8, 15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 has been dismissed.

2. Learned counsel for the accused-petitioner submitted that as per the prosecution story, 60 kg. poppy husk has been recovered from the accused namely Balveer Singh, Sukhjinder Singh and Sarabjeet Singh, who were going in a truck, loaded with 300 bags of onion.

3. Learned counsel submitted that the present accused-petitioner was arrested on 24.05.2020 and since then he is behind bars.

4. Learned counsel submitted that the co-accused Sarabjeet Singh, who was also arrested on the same day, has been granted bail by the Coordinate Bench of this Court vide order dated 18.11.2021 in SB Criminal Bail Application No.15065/2021 (Sarabjeet Singh v. State of Rajasthan).

5. Learned counsel submitted that the Apex Court, in various judgments, has considered the right of bail in NDPS Cases where the contraband is of commercial quantity, if trial is not completed in time.

6. To support his arguments, learned counsel for the accused-petitioner has drawn attention of this Court to the following judgments, passed by the Apex Court as well as this Court :

(i) Pankaj Bairwa S/o Ramkaran v. The State of Rajasthan, in S.B. Criminal Misc. 3rd Bail Application No.13894/2022 decided on 17.03.2023 by Co-ordinate Bench of this Court.

(ii) Dheeraj Kumar Shukla v. The State of Uttar Pradesh, in Special Leave to Appeal (Crl.) No(s).6690/2022 decided on 25.01.2023 by the Hon'ble Apex Court.

(iii) Mohammad Salman Hanif Shaikh v. The State of Gujarat, in Special Leave to Appeal (Crl.) No(s).5530/2022 decided on 22.08.2022 by the Hon'ble Apex Court.

(iv) Gopal Krishna Patra @ Gopalrusma v. Union of India, in Criminal Appeal No.1169/2022 decided on 05.08.2022 by the Hon'ble Apex Court.

(v) Abdul Majeed Lone v. Union Territory of Jammuand Kashmir, in Petition for Special Leave to Appeal(Crl.) No.3961/2022 decided on 01.08.2022 by the Hon'ble Apex Court.

(vi) Tapan Das v. Union of India, in Petition for Special Leave to Appeal (Crl.) No.5617/2021 decided on 07.10.2021 by the Hon'ble Apex Court.

(vii) Amit Singh Moni v. State of Himachal Pradesh, in Cr.MP(M) No.2150 of 2019 decided on 20.12.2019 by the Himachal Pradesh High Court.

(viii) Dheeraj Kumar Shukla v. The State of Uttar Pradesh, in Petition for Special Leave to Appeal (Crl.)No(s).6690/2022 decided on 25.01.2023 by the Hon'ble Apex Court.

(ix) Sitaram S/o Shri Gangajalram v. State of Rajasthan, in S.B. Criminal Misc. Second Bail Application No.6065/2022 decided on 29.09.2022 by Co-ordinate Bench of this Court.

(x) Manoj Son of Shri Hardevram v. State of Rajasthan, in S.B. Criminal Misc. 2nd Bail Application No.4538/2022 decided on 03.03.2023 by Co-ordinate Bench of this Court.

(xi) Kulwant Singh v. The State of Punjab, in Petition for Special Leave to Appeal (Crl.) No.5187/2021decided on 10.11.2021 by the Hon'ble Apex Court.

7. In view of the above, learned counsel prays that the accused-petitioner may be enlarged on bail, as trial of the case will take time to conclude.

8. On the other hand, learned Public Prosecutor opposed this bail application on the ground that the contraband, recovered from possession of the accused-petitioner, is of commercial quantity.

9. Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor and perused the material available on record.

10. This Court finds that quantity of poppy husk, recovered in this case, is of 60 kg. and three accused persons including the present accused-petitioner were arrested on 24.05.2020 and since then, th