Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail in FIR No. 2 of 2025, dated 02.01.2025, registered at Police Station Ghumarwin, District Bilaspur, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. It has been asserted that, as per the prosecution's story, the police recovered 13.7 grams of heroin and arrested the petitioner. The allegations against the petitioner are false. The petitioner has no role in the commission of the crime, and the prosecution’s case is based on an imaginary story. The police have filed the chargesheet before the Court. The petitioner had earlier filed the bail petition before this Court, which was registered as Cr.MP(M) No. 1251 of 2025 and was dismissed on 25.06.2025. The petitioner was earlier convicted in FIR No. 43/2018 and was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 5,000/-. Another FIR No. 13 of 2024 is pending against the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police party was on a traffic checking duty on 02.01.2025. A person came from Jahu towards Kuthera at about 04.35 p.m. He had a yellow carry bag with him. He returned after seeing the police and started walking briskly. The police apprehended the person who revealed his name as Sachin Sharma (the present petitioner) in the presence of Nitin Mahajan. The police searched the yellow carry bag and found 13.07 grams of heroin in it. The police seized the heroin and arrested the petitioner. The heroin was sent to SFSL, and as per the result of analysis, it was found to be a sample of diacetylmorphine (heroin). The chargesheet has been filed before the Court, and the statement of a one witness has been recorded on 09.01.2026. The matter was listed for checking of copies of the supplementary challan on 17.01.2026. The petitioner was convicted in FIR No. 43 of 2018, and FIR 13 of 2024 is pending against the petitioner. Hence, the status report.

4. I have heard Mr. Prashant Sharma, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Mr. Prashant Sharma, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The petitioner was arrested on 02.01.2025, and more than one year has elapsed since his arrest. The prosecution has examined only one witness, and the matter was listed for checking of copies of the supplementary challan. The trial is not likely to conclude soon. The petitioner’s right to a speedy trial is being violated. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr. Ajit Sharma, learned Deputy Advocate General for the respondent/State, submitted that the petitioner has criminal antecedents. He was convicted in one FIR No. 43 of 2018, and another FIR No. 13 of 2024 is pending against him. He would indulge in the commission of a similar offence if released on bail. Therefore, he prayed that the present petition be dismissed.

7. I have given considerable thought to the submissions made at the bar and have gone through the record carefully.

8. I