The court prioritized the right to a speedy trial over statutory restrictions on bail, emphasizing that personal liberty should not be compromised by prolonged incarceration without trial.

Order :

FARJAND ALI, J.

1. The jurisdiction of this court has been invoked by way of filing the instant bail applications under Section 439 CrPC at the instance of accused-petitioners. 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 Gagandeep @ Guggu and Mangi Lal came to be arrested in this case for around two years in connection with recovery of 100 Kg poppy husk (in five bags) from the dickey of an unnumbered Hundai Car. The first & second bail applications being SBCRLMB No.13717/2024 & 6385/2024 (Dinesh Ram) were dismissed by this Court vide orders dated 24.01.2024 & 30.07.2024 and SBCRLMB Nos.10668/2023 & 14385/2023 (Mangi Lal) were dismissed by this Court vide orders dated 04.10.2023 & 24.01.2024. While rejecting the earlier bail applications this Court granted liberty to the petitioners to renew the prayer for bail after recording the statements of Seizing Officer and Investigating Officer. Hence, the instant bail applications.

3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. They submit that the contraband was recovered on 20.04.2023 and petitioners have 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-petitioners and they have been made an accused based on conjectures and surmises.

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

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

6. Perusal of the record revealing that on 20.04.2023, Lakhveer Singh, Station House Officer, Police Station Sadar Hanumangarh, intercepted the accused persons, namely Gagandeep Singh alias Gaggu and Mangilal, near the UTS culvert on the public road from Uttamsinghwala to Subhanwala. Upon search, from the rear seat of a white unregistered Hyundai Verna car, two black plastic bags, and from the car's trunk, three black bags were recovered. Each of the five bags contained 20 kilograms of poppy husk (chhilka doda post), totaling 1 quintal (100 kilograms), which was seized. The case is under investigation for the alleged recovery. During interrogation under Section 67 of the NDPS Act, accused Gagandeep alias Gaggu disclosed that on his request co-accused/petitioner Dinesh alias Dinesh Ram brought the poppy husk in a white Scorpio vehicle at around 5:00 AM the same day and delivered five bags (totaling one quintal) of the contraband to him. On the basis of confessional statement made by principal accused Dinesh @ Dinesh Ram is also booked as accused in this case. Upon completion of the investigation, a charge sheet has been filed against the petitioner/accused Dinesh alias Dinesh Ram for serious offences under Sections 8/15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 . The quantity of the seized narcotic substance is of a commercial nature.

7. It is revealing from the record that till date out of total 26 witnesses, statements of only 4 witnesses have been recorded in the trial. 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