Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable grounds exist for detention.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Jitender Singh], who is in custody since 06.03.2024 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.33 of 2024 dated 06.03.2024, registered at Police Station Chowari, District Chamba, [H.P.], underSections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX IN BAIL PETITION:

2. Case of the petitioner as set up by Ms. Ranjeeta Meghta and Mr. Paras Ram, Advocates, is that bail petitioner met two other co-accused at Bus Stand Pathankot [Punjab], when, he was asked by other two co-accused to visit Chamba [Himachal Pradesh] for sight-seeing. Bail petitioner reached Chamba on 05.03.2024. On the next day, on 06.03.2024, bail petitioner boarded a Bus No.HP-73-2697 from Chamba to Pathankot and as soon as the bus reached Tunihatti at about 11:30 a.m., the bus was intercepted by Police Patrolling Party. Bail petitioner along with two other co-accused were seated at seat Nos.41, 41 and 42 of the aforesaid bus. It is averred in the bail petition that co-accused Suraj Kumar, who was sitting on seat No.41, was carrying a bag and the Police Party asked Suraj Kumar to open the bag for checking. He resisted. Consequently, the Police Personnel, carried the search, when, contraband, i.e. charas, weighing 1.126 Kgs. was recovered from the bag, being carried by co-accused, Suraj Kumar. It is averred that the bail petition had no knowledge about the contraband being carried by coaccused Suraj Kumar. Nothing was recovered from the conscious possession of the bail petitioner. It is averred that the bail petitioner has been falsely implicated in the said case. It is averred that bail petitioner had filed an application for bail on 09.04.2024, but the same was rejected by Learned Special Judge-II, Chamba, on 25.04.2024. In the bail petition, the bail petitioner has furnished undertakings that he shall abide by all such terms and conditions, as may be imposed by this Court and bail petitioner, shall furnish a surety bond and shall not leave the jurisdiction of this Court, without prior permission of the Trial Court or this Court, in case, the bail is granted. It is further averred that the bail petitioner belongs to a reputed family and has no past criminal antecedents. It is further averred that since the bail petitioner is in custody since 06.03.2024 and his personal liberty has been curtailed by detention which is prolonging, coupled with the fact that trial is likely to take considerable time, therefore, the petitioner has approached this Court for grant of bail.

STATUS REPORT:

3. Pursuant to issuance of notice on the bail petition, State Authorities have furnished Status Report dated 20.12.2024, on the Instructions of Superintendent of Police, Chamba.

3(i). Perusal of Status Report, indicates sequences of events, narrating that the Police Patrolling Party searched Bus No.HP-73-2697, in which petitioner and other co-accused were travelling. It is borne out from the Status Report that during search, Police Patrolling Party found that Suraj Kumar, co-accused, who was sitting at Seat No.41 in the bus, was carrying the contraband, which was recovered, weighed and was found to be containing 1.126 Kgs. of charas. After completing all codal formalities, police investigated the matter, in which bail petitioner was participated. Status Report further refers to SRFSL Report dated 09.04.2024, which corroborates recovery of charas from co-accused, Suraj Kumar, who was sitting at Seat No.41 in the said bus. Status Report further indicates that prosecution intends to examine