The right to a speedy trial, as enshrined in Article 21 of the Constitution, supersedes other concerns, justifying the granting of bail despite serious charges and prolonged detention.

JUDGMENT :

SANDEEP SHARMA, J.

1. By way of instant petition filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, prayer has been made on behalf of petitioner Ashish Kumar, who is behind bars for more than one year and nine months, for grant of regular bail in case FIR No.99 of 2024, dated 28.06.2024, registered at Police Station Paonta Sahib, Tehsil Paonta Sahib, District Sirmaur, under Sections 20, 25, 29, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act.

2. Respondent/State has filed status report and ASI Dalip Kumar, IO, PS Paonta Sahib, District Sirmaur, H.P., has come present along with record. Record perused and returned.

3. Close security of record/status report reveals that on 22.04.2023, Police after having received secret information, apprehended vehicle bearing registration No.HP-77-9555 near Guru Nank Service and Washing Centre, Paonta Sahib and allegedly recovered 2.4 KGs of charas from the bag kept in afore vehicle. Since occupants of the vehicle namely Vipan Basu, Manjit Singh and present bail petitioner were unable to render plausible explanation qua possession of aforesaid quantity of contraband, Police after completion of necessary codal formalities, arrested all the accused named hereinabove and since then, they are behind bars. Subsequently, on the basis of statements given by the accused, named hereinabove, Police arrested co-accused Pramod Kumar on the ground that he had sent the consignment to co-accused Manjit Singh, resident of Majra. Allegedly, petitioner further disclosed to the Police during investigation that some quantity of contraband recovered from vehicle in question was to be delivered to person namely Imtiaz Hashmi @ Bura Khan. Above named Bura Khan also came to be named in the FIR, however, he as well as co-accused Pramod Kumar already stand enlarged on bail by this Court vide orders dated 04.10.2024 & 29.10.2024 passed in Cr.MP(M) No.2113 of 2024 and Cr.MP(M) No.1857 of 2024. Since investigation is complete and nothing remains to be recovered from the bail- petitioner, he has approached this Court in the instant proceedings for grant of regular bail on the ground that co- accused, named hereinabove, already stand enlarged on bail.

4. While fairly acknowledging factum with regard to completion of investigation, Mr. Vishal Panwar, learned Additional Advocate General, states that though nothing remains to be recovered from the bail-petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency and as such, his prayer for grant of regular bail deserves outright rejection. He further states that there is overwhelming evidence adduced on record suggestive of the fact that bail petitioner, being driver, is a part of drug racket. He states that otherwise also, on account of recovery of commercial quantity of contraband from the conscious possession of petitioner, he cannot claim parity, if any, with co-accused Bura Khan and Pramod Kumar, who stand booked under Section 29 of the NDPS Act. While referring to the call detail reports adduced on record, Mr. Panwar states that bail petitioner herein was throughout in touch with the co- accused Pramod Kumar, Manjit Singh and Bura Khan through mobile phone and as such, it cannot be said that he has been falsely implicated. He states that there is concrete evidence available on record, suggestive of the fact that bail petitioner is a drug peddler and in case he is enlarged on bail, he may not only flee from justice, but may again indulge in such activitie