The court considered the length of custody, lack of further recovery, and the status of the trial in granting bail to the petitioners, highlighting the importance of timely trial proceedings and the impact of delay on the right to personal liberty.

JUDGMENT

Avneesh Jhingan, J. - These five petitions are filed seeking regular bail in case of FIR No. 392 dated 24.12.2020, under Sections 15(c), 25, 29, 59, 18, 27-A of NDPS Act, 1985 and Sections 7, 7-A, 8 of the Prevention of Corruption Act, 1988 and Sections 192, 196, 201, 202, 203, 217, 409, 166-A, 120-B of IPC, 1860 (Sections 18, 27-A of NDPS Act, 1985 and Sections 7, 7-A, 8 of Prevention of Corruption Act, 1988 and Sections, 192, 196, 201, 202, 203, 217, 409, 166-A IPC, 1860 added lateron), registered at Police Station Uchana, District Jind.

2. The relevant facts are that there are two inter-related FIRs. Jagroop Singh was apprehended shifting 20 bags of Poppy Husk from truck bearing registration No.HR-45-C-9998 (hereinafter referred to as 'the truck') to a vehicle (chotta hathi) and FIR No. 388 dated 18.12.2020 to that effect was registered at Police Station Uchana.

3. Thereafter an information was received that staff of CIA Jind, had parked a truck loaded with onions with hidden contraband in the Police Station, without recording the information regarding contraband. Acting upon the information, the parked truck was checked and 20 bags of Poppy Husk were recovered and FIR No. 392 dated 24.12.2020 was registered.

4. The role attributed to petitioner-Anup is that he is a constable and a member of the raiding party which apprehended the truck. He is in custody since 13.3.2021.

5. Petitioner-Parveen Kumar ASI was also the member of the raiding party and he deposited the truck in the Malkhanna. He was in touch with the relatives of co-accused Amandeep and demanded Rs. 10 lakh for not adding the name of Amandeep in FIR.

6. Petitioner-Jasbir was the second Investigating Officer and it is alleged that he was also in touch with the family members of Amandeep and with co-accused Anup. Jaibir and Parveen Kumar are in custody since 28.10.2021.

7. Petitioner-Jagroop was the person who had to receive the Poppy husk being carried in the truck. He is in custody since 28.12.2020.

8. Petitioner-Amandeep Singh was the supplier of the recovered Poppy husk. He is in custody since 11.1.2021.

9. Learned counsel for petitioner-Amandeep Singh submits that he was not apprehended at the spot. He was named in the disclosure statement. No recovery was made. Trial was not progressing due to non-receipt of sanction to prosecute the police officials. Learned counsel for the petitioner-Jagroop submits that no recovery was made from him in this FIR.

10. Learned counsel for petitioners-Jaibir, Parveen Kumar and Anup submit that the petitioners have suffered incarceration for more than one year and eight months. Charges have been framed but the trial is not progressing. No further recovery is to be made and they are not involved in any other case. Learned counsel further submit that co-accused were granted regular bail by this Court. Learned counsel relied upon the order passed by the trial Court dated 14.11.2022 and the relevant portion of the same is reproduced as under:-

'Accused Jagroop, Mubarik Khan, Amandeep Singh, Rakesh, Anoop, Parveen and Jaibir are languishing in jail since long and trial is being delayed due to non-filing of the above said sanction and complaint. On 30.9.2020, on the request of ld. PP for the State, one opportunity was granted to the state to file the above said sanction and complaint and copy of this order was ordered to be sent to SP Jind, District Magistrate, Jind and Director of Prosecution Haryana, for necessary action. But still today neither the above said sanction and complaint have been filed nor any response has been received from SP, Jind, District Magistrate, Jind and Director of Prosecution Haryana. In the interest of justice, reminder be issued to the, SP Jind, District Magistrate, Jind and Director of Prosecution Haryana to take the effective steps for filing the above said sanction and compliant on or before the next date of hearing.''

11. Learned State counsel opposes the prayer and submits that the police officials in c