The main legal point established in the judgment is the strict compliance required for bail under the NDPS Act, emphasizing the need for 'reasonable grounds' to believe that the accused is not guilty of the alleged offence.

JUDGMENT

Gurvinder Singh Gill, J. - This order shall dispose off the above mentioned two petitions filed on behalf of Sumit @ Somit and Sandeep Kumar seeking grant of regular bail in a case registered against them vide FIR No. 209 dated 8.9.2021 under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 61, 85 of the NDPS added later on) at Police Station Garhi, District Jind.

2. The FIR was lodged pursuant to receipt of secret information by ASI Ravinder Singh on 8.9.2021 while he alongwith police party was present at Garhi Bus Stand, to the effect that Sumit indulges in sale of intoxicating tablets and that even on the given day he was present at T-point Dhanarui in village Data Singh Wala while in possession of a large quantity of intoxicating tablets.

3. It is the case of prosecution that pursuant to receipt of said information, a notice in terms of Section 42 of the NDPS Act was conveyed to the police station and the police party proceeded to the nominated place in village Data Singh Wala where a young person was seen standing while carrying a black coloured polythene bag. The said person, upon noticing the police party, started walking briskly towards village Dhanauri but was nabbed by the police. Upon enquiry, he disclosed his name as Sumit. The search of the bag carried by him led to recovery of 20 strips of 'Tramadol' with each strip having 50 tablets i.e. a total of 1000 tablets of 'Tramadol'. 50 tablets were taken from one strip and were weighed and the weight of said 50 tablets was found to be 19.89 grams. Thus, it is alleged that a total of 397.8 grams of 'Tramadol' was recovered from Sumit.

4. It is further the case of prosecution that during the course of interrogation, said Sumit disclosed that he had procured the said tablets from Sandeep Kumar. Said Sandeep Kumar was also arrested by the police on 10.9.2021 and from whose possession 100 strips (each strip containing 10 tablets) of 'Tramadol' was recovered. The total weight of the recovered tablets was found to be 600 grams.

5. The learned counsel for the petitioners have submitted that the petitioners have falsely been implicated in the present case and as of now have been behind bars since the last about 1 year and 4 months and otherwise enjoy a clean record. The learned counsel has further submitted that since the trial has not even commenced till date inasmuch as a supplementary challan against another co-accused is yet to be filed, further detention of the petitioners would not be justified. The learned counsel has pressed into service a judgment delivered by a co-ordinate Bench of this Court in CRM-M-9317-2022 - Chunni Ram @ Sandeep Vs. State of Haryana wherein an accused has been granted bail solely on account of custody of 1 years and 2 months.

6. On the other hand, the learned State counsel has vehemently opposed the petitions and has submitted that since the petitioner-Sumit was caught red handed at the spot while in possession of a 'commercial quantity' of contraband and that pursuant to a disclosure statement made by him, even petitioner-Sandeep Kumar was found in possession of 600 grams of 'Tramadol' which also falls in the category of 'commercial quantity', no case for grant of bail is made out. The learned State counsel has submitted that the judgment relied upon by the petitioners i.e. Chunni Ram's case which was delivered on 22.11.2022 would not be of much advantage to the petitioners, given the fact that the latest position as settled by Hon'ble Supreme Court in Narcotics Control Bureau vs. Mohit Aggarwal, 2022(3) RCR(Criminal) 985 has not been taken into account. The learned State counsel has pressed into service a judgment dated 24th November, 2022 rendered in CRM-M-19038-2022 Sagar Vs. State of Haryana wherein this Court while relying upon the judgment rendered in Mohit Aggarwal's case and some other cases has dismissed the petition despite the fact that the petitioner had been behind bars since the last about 1 ye