The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial can lead to bail being granted despite statutory restrictions.

Order :

1. The jurisdiction of this court has been invoked by way of filing the instant third bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. The concise facts of the case as alleged in the FIR are that the petitioner came to be arrested in this case on 18.07.2022 in connection with recovery of 230 Kg poppy husk (in 11 bags)from his possession. His second bail application being SBCRLMB No.7065/2024 was dismissed as not pressed by this Court vide order dated 26.11.2024. While rejecting the earlier bail application this Court granted liberty to the petitioner to renew the prayer for bail after change in circumstances. Till now, the trial has not completed, hence, the instant bail application.

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. He submits that the contraband was recovered on 18.07.2022 and he has been behind bars since a very long period and the trial is progressing at a very slow pace. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. Have considered the submissions made by both the parties and have perused the material available on record.

6. Perusal of the record revealing that on 18.07.2022, SHO Mahaveer Prasad, along with his team, upon receiving a secret information left the police station for patrolling. During nakabandi, a Brezza car (GJ 24 BL 7174) broke through the blockade and fled. The police team intercepted the said car near Nana Hospital, where two young men abandoned the vehicle and ran towards the river but were apprehended. The accused, identified as Bagdaram (driver) and Prakash Kumar (co-passenger), had no valid license or permit. Upon inspection, 11 plastic sacks of Doda Post, weighing 230 kg got recovered. Samples were collected and sealed, and Bagdaram was arrested while the vehicle was seized. An FIR No. 136/2022 was registered at the Police Station Nana under Section 8/15 of the NDPS Act.

7. It is revealing from the record that till date out of total 31 witnesses, statements of only three witnesses have been examined. Besides the delay in trial, the petitioner has an arguable case in respect of non-compliance of the mandatory provisions and flouting of the Standing Orders 1/1989 issued by the Central Govt. with regard to seizure, sampling of the contraband and in my view, if the same would be adjudicated in favour of the petitioner, he may get acquittal. Of course, there is a fetter under Section 37 of the NDPS Act regarding grant of bail to an accused having illegal possession of commercial quantity of contraband but a fundamental right of speedy trial to him cannot be permitted to be flouted. When there appears conflict between the statutory provision and the fundamental right then this Court is of the view that a protection of fundamental right should be given preference over the statutory bar in granting bail. If other surrounding factors align in consonance with the statutory stipulations, the personal liberty of an individual can not encroached upon by keeping him behind the bars for an indefinite period of time pending trial.

8. While keeping an accused detained, the opportunity to the prosecutor to lead evidence can only be given for a reasonable period. The wider connotation of the phrase ‘reasonable period’ be under