The right to a speedy trial and the status of the accused as a first-time offender can influence the court to relax bail provisions under the NDPS Act.

JUDGMENT

Jasjit Singh Bedi, J. - This 3rd petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.106 dated 14.04.2021 (Annexure P-1) registered under Section 22(C) of the NDPS Act, 1985 at Police Station Patran, District Patiala.

2. The brief facts of the case are that while the police party was on patrolling duty, a white colour Alto car bearing No.PB-28E-0322 was stopped. On suspicion, the driver disclosed his name as Andeep Singh (petitioner) son of Satpal Singh, the person sitting on the conductor seat as Beant Singh and the person sitting on the back seat of the car as Karamjit Singh (granted bail vide order dated 28.04.2023 passed in CRM-M-200892023) son of Hardeep Singh. A search of the car revealed a black colour bag which was found to contain 70 intoxicant bottles of Wunicrex, Chlorpheniramine Maleate and Codeine Phosphate Syrup of 100 ML each and 100 strips of tablets having 10 tablets in each strip of Carisoma Carisoprodol tablets. Thereafter, the FIR came to be registered.

3. The learned counsel for the petitioner contends that there is violation of the mandatory provisions of search and seizure. No independent public witness was joined by the police party at the time when the contraband was allegedly recovered. As the petitioner was in custody since 14.04.2021, he was a first-time offender and none of the 09 prosecution witnesses had been examined so far, the petitioner was entitled to the grant of bail in view of the judgment of the Honble Supreme Court in case of Nitish Adhikary (a) Bayan Versus The State of West Bengal, SLP (CrL) Nos.5769/2022 arising out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and followed by this Court in the case of Balraj Singh Versus State o f Punjab, CRM-M-57386-2022, decided on 14.12.2022, moreso, when his co-accused Karamjit Singh had been granted the concession of bail vide order dated 28.04.2023 passed in CRM-M-20089-2023.

4. On the other hand, the learned State counsel contends that commercial quantity of contraband was recovered from the petitioner. Therefore, in view of the conditions contained in Section 37 of the NDPS Act, the petitioner was not entitled to the grant of bail. She, however, concedes the fact that the petitioner is in custody since 14.04.2021, is a first-time offender and none of the 09 prosecution witnesses had been examined so far.

5. I have heard the learned counsel for parties.

6. The Hon'ble Supreme Court in the case of Nitish Adhikary @ Bayan vs, The State of West Bengal SLP (CrL) Nos.5769/2022 Decided on 01.08.2022 held as under:-

"As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf

The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS 2 Act, registered at Police Station Bongaon, West Bengal.

During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.

Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.

The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.

The Special Leave Petition is disposed of on the aforestated terms.

Pending application(s), if any, shall stand disposed of"

This Court in the case of Balraj Singh Versus State of Punjab, CRM-M-57386-2022, decided on 14.12.2022 has followed the dictum laid down by the Hon'b