Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Om Prakash], who is in custody since 05.05.2023 has come up before this Court, seeking regular bail, under Section 483 of the Bhartiya Nagrik Suraksha Sahinta, hereinafter (hereinafter referred to as BNSS ), originating from the FIR No.57 of 2023 dated 05.05.2023, registered at Police Station Hatli, District Mandi, [H.P.], underSections 15, 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX IN BAIL PETITION:

2. Case as set up by Mr. Rakesh Kumar Chaudhary and Mr. Panku Chaudhary, Learned Counsel (s) is that the petitioner has been falsely implicated and entire story has been fabricated and concocted. It is averred that bail petitioner is in detention, for the last more than one year and eight months now. It is averred that the Respondent intends to examine 25 PWs but only 4 witnesses have been examined on as on day. It is averred that despite the rigors of Section 37 (1) (b) of NDPS Act, petitioner cannot be made to undergo prolonged incarceration, which is violative of Article 21 of the Constitution of India when the trial is likely to take considerable time for its conclusion. It is averred that the bail petitioner has no previous criminal history. It is averred that the inventory has been illegally prepared. It is further averred that the factum of recovery is un-true, having variations as mentioned in RFSL Report. It is further averred that right of speedy trial has been denied to the bail petitioner. It is averred that bail petitioner is a sole bread earner in the family and has dependency of father and mother also. It is averred that due to prolonged incarceration, the bail petitioner as well as family members have suffered mental pain and agony. It is averred that there are no chances of bail petitioner absconding from the Courts of justice. Bail petitioner has furnished the undertaking that he shall not cause any inducement, threat or promise to any person or persons acquainted with the facts of the case. It is averred that the petitioner shall not leave country without permission of this Court.

In above backdrop, the instant petition has been filed by the bail petitioner, through his wife, Roshani Devi, with the prayer for granting bail.

STAND OF STATE AUTHORITIES IN STATUS REPORT:

3. Pursuant to the issuance of notice on 13.09.2024, the State Authorities have furnished the Status Report dated 26.09.2024, on Instructions of SHO, Police Station, Hatli, District Mandi [HP].

3(i). Perusal of the Status Report, indicates that while the police party was on patrolling duty on 05.05.2023 and headed by ASI Jagesh Kumar, they received an information at about 01:20 p.m. that accused-bail petitioner has kept the contraband in his shop, house and cow-shed and in case, the raid was conducted the contraband may be recovered. Based on this information, the policy party, after associating the independent witnesses searched the shop and thereafter searched his house and then the cow shed in the presence of witnesses.

3(ii). Status Report indicates that on searching the first floor of his house, the police recovered the contraband kept in red plastic box, which turned out to be 7.5 gms. of Opium. Likewise, another green bag was searched by police which came out to be Cannabis [Charas] weighing 140 gms. Status Report indicates that the police searched cow shed, wherein, a brown powder, which was poppy straw [chura-post-bhukki] was found and a Home Guard personnel, who was accompanying the police party was sent to bring a weighing machine, which