The central legal point established in the judgment is that long custody can be a ground for granting bail under the Narcotic Drugs & Psychotropic Substances Act, and the provisions of Section 37 of the Act can be dispensed with when there is a delay in the conclusion of the trial.

JUDGMENT

Gurvinder Singh Gill, J. (Oral) - The petitioner seeks grant of regular bail in a case registered vide FIR No. 95, dated 14.8.2020 at Police Station STF Phase IV Mohali, District SAS Nagar (Mohali), under Sections 21 and 29 of Narcotic Drugs & Psychotropic Substances Act.

2. The FIR was lodged on the basis of secret information received by the police to the effect that Sanju Loomba @ Sanjay Loomba (petitioner) and Lakhwinder Singh are going to supply 'heroin' to their customers on Tata Nexa Car bearing registration No.PB-91G-2879. Pursuant to receipt of aforesaid information, a raid was conducted at the nominated place and 530 grams of 'heroin' was recovered from the dashboard of aforesaid car, in which the accused were about to sit.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It has further been submitted that the petitioner has been behind bars for a substantial period of more than 2 years and 6 months and since the trial is proceeding at snail's pace, the petitioner cannot be kept behind bars for an indefinite period.

4. Opposing the petition, learned State counsel has submitted that since it is a case, wherein the petitioner was caught red-handed while in possession of 'commercial' quantity of contraband, no case for grant of bail is made out. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last more than 2 years and 6 months. Learned State counsel has further informed that the petitioner is not involved in any other case. It has also been informed that till date 2 PWs out of the cited 15 PWs stand examined.

5. This Court has considered the rival submissions addressed before this Court.

6. In the present case, this Court finds that the recovery was effected from dashboard of the car in which the petitioner was about to sit. It is not disputed that the vehicle in question, in which the petitioner was going to sit, stands registered in the name of Sandeep Kaur wife of co-accused Lakhwinder Singh, who was also apprehended at the spot. The petitioner otherwise enjoys a clean record and is not stated to be involved in any other case neither under NDPS Act nor under any other enactment. As on date only 2 PWs out of the cited 15 PWs have been examined, which would indicate that the conclusion of trial is likely to consume time.

7. Since the petitioner seeks grant of bail mainly on account of long custody, it is apposite to refer to a few judgments of Hon'ble Supreme Court in this regard wherein Hon'ble Supreme Court has granted the concession of bail solely on ground of long custody :-

8. Hon'ble Supreme Court in yet another judgment dated 25.1.2023 arising out of SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs. State of Uttar Pradesh has granted bail in a case registered under the NDPS Act where the accused alongwith co-accused was found in possession of 'commercial' quantity of 'Ganja' and had b