Prolonged pre-trial detention may warrant bail despite serious accusations; rights to speedy trial and personal liberty are paramount.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 68 of 2025, dated 15.03.2025, registered for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act at Police Station Sadar Mandi, District Mandi, H.P.

2. It has been asserted that the police arrested the petitioner for possessing 8 grams of heroin along with ten packets of needles when he was travelling in a Kia Car. The petitioner has been behind bars since 15.03.2025. He filed a bail petition before the learned Trial Court, which was dismissed on 12.12.2025. The recovery of heroin, injection needles and foil papers suggests that the petitioner is a drug addict and not a drug peddler. The petitioner belongs to a reputed family, and there is no chance of his absconding. He would abide by all the terms and conditions that the Court may impose; hence, he prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report stating that the police were on patrolling duty on 15.03.2025. They received a secret information around 12:55 p.m. that the occupants of a vehicle parked on Pulgharat to Malori Road were selling heroin. A large quantity of heroin could be recovered by searching the vehicle. The information was credible; therefore, it was put in writing and sent to the Gazetted officer. The police proceeded to the spot and found a vehicle with a Temporary Registration No. T1024HP153-2L parked near the Malori tunnel. Three people were occupying the vehicle, who became frightened after seeing the police. The police joined Tajinder Singh and Mahesh Kumar and inquired about the names and addresses of the occupants of the vehicle. The driver identified himself as Sunil Kumar, the person sitting beside the driver identified himself as Harish Kumar, and the person sitting in the rear seat identified himself as Sachin Kumar (present petitioner). The police searched the vehicle and recovered Rs.5,000/-, a piece of foil paper, a cigarette marked ‘Goldflake Super Star’, ten syringe needles, and thirteen packets containing 8 grams of heroin. The police seized all articles and arrested the occupants. The heroin was sent to SFSL, and the analysis report confirmed that it was a sample of Diacetylmorphine(heroin). FIR 138 of 2024, dated 16.08.2024, registered at Police Station Boiluganj, Shimla, for the commission of an offence punishable under Section 21 of the NDPS Act, and F.I.R. No. 24 of 2025, dated 23.03.2025, registered at Police Station Hatli, District Mandi, H.P., for the commission of offences punishable under Sections 21 and 29 of the NDPS Act, are pending against the petitioner. The police prepared the challan and filed it before the learned Special Judge, Mandi, District Mandi, on 13.05.2025. The matter was listed before the learned Special Judge-II, Mandi, District Mandi, H.P., on 11.07.2025. Hence, the status report.

4. I have heard Mr R.L. Chaudhary, learned counsel for the petitioner and Mr Jitender K. Sharma, learned Additional Advocate General, for the respondent/State.

5. Mr R.L. Chaudhary, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. As per the prosecution’s case, the police had recovered syringes and the foil papers, which show that the petitioner is a drug addict. The petitioner remained behind bars for more than one year, and the prosecution has failed to complete the evidence, which violates the petitioner’s right to a speedy trial; therefore, he prayed