In cases of prolonged detention pending trial, especially with procedural deficiencies, the personal liberty of the accused must be prioritized, warranting the granting of bail.

ORDER :

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

2. Briefly stated the facts of the case are that on 21.10.2023, the Station House Officer Shri Chel Singh, Police Station Dabok, submitted a report stating that on the said date, at about 10:30 a.m., he was conducting a blockade on the National Highway along with the police team. During the blockade, a Maruti Swift car bearing registration number RJ-27-CM-2487 was stopped. Three persons were found seated inside the vehicle, and several cardboard cartons were kept in it.

2.1. Drug Inspectors Kuldeep Singh and Neha Bansal were summoned to the spot. On inquiry, the persons sitting in the vehicle disclosed their names as Kanhaiya Lal, Kailash alias Harish, and Anil. In the presence of independent witnesses, a search of the vehicle was conducted, which resulted in the recovery of 13 cardboard cartons containing a total of 1259 bottles labeled as “Chlorpheniramine Maleate & Codeine Phosphate Syrup :MONOCOFF PLUS 100 ml.”

2.2. The Drug Inspector present at the spot stated that the said syrup contained Opium Derivative i.e. Codeine Phosphate, which falls under the category of narcotic substances. Accordingly, a total quantity of 125.9 liters of Codeine was recovered from the vehicle and seized as per legal procedure. Thereafter, on the basis of the said report, FIR No. 334/2023 was registered at Police Station Dabok for the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). During the course of investigation, the petitioners-accused Anil and Kanhaiya Lal were arrested on 21.10.2023 for the said offence. Subsequently, on 08.02.2024, after hearing arguments on charge, the learned Trial Court framed charge against accused for the offence under Section 8/21 of the NDPS Act.

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. The petitioners are behind the bars since 21.10.2023. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they has 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 application and submits that the present case is not fit for enlargement of accused on bail.

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

6. It is revealing from the record that on 21.10.2023, SHO Shri Chel Singh, Police Station Dabok, intercepted a Maruti Swift car (RJ-27-CM-2487) during a highway blockade. Three occupants namely Kanhaiya Lal, Kailash alias Harish, and Anil were found inside along with several cartons. In the presence of Drug Inspectors Kuldeep Singh and Neha Bansal and independent witnesses, a search yielded 13 cartons containing 1259 bottles of “Chlorpheniramine Maleate & Codeine Phosphate Syrup (MONOCOFF PLUS 100 ml).” The Drug Inspector opined that the syrup contained Codeine Phosphate, an opium derivative, and a total of 125.9 liters of Codeine-based syrup were seized accordingly.

6.1. It is further observed that the samples drawn by the Seizing Officer from the spot on 21.10.2023 were a