Prolonged detention without trial is unjustifiable, especially for first-time offenders when investigations are complete, allowing for bail even if the contraband quantity exceeds commercial limits.

Judgment

Mr. Harpreet Singh Brar, J.

This is the first petition under Section 439 of Cr.P.C. seeking grant of regular bail to the petitioner in the case bearing FIR No. 88 dated 17.09.2022 registered under Section 15 of NDPS Act at Police Station City Morinda, District Rupnagar.

2. The FIR was lodged on the statement of Sub Inspector Raj Kumar CIA, Rupnagar on the allegations that on 17.09.2022, he was present near Government High School Village Rattangarh in his official vehicle for checking the anti social elements. At about 05:00 P.M., one truck coming from Chuni side was signalled to stop. The truck driver tried to flee and he was apprehended by the police officials. On checking of the truck, three turbaned persons were found there and from the cabin of the truck, three blue coloured plastic bags containing poppy husk were recovered and FIR under Section 15 of the Act was registered at Police Station City Morinda.

3. Learned counsel for the petitioner inter alia contends petitioner is alleged to be the cleaner of the truck, from which the alleged recovery of 54 KG of Poppy Husk (marginally higher than the commercial quantity) was effected and the petitioner had no connection with the alleged recovery. The owner of the truck namely Nirmal Singh @ Bugga was carrying 3 bags of poppy husk in the truck and petitioner was not aware of the contents of the said bags and as such there is nothing on record to prove the conscious possession of the seized contraband with the petitioner. He further submits that the similarly situated co-accused namely Nirmal Singh @ Bugga has already been granted regular bail by this Court vide order dated 06.07.2023 (Annexure P-4) passed in CRM-M-3998-2023 titled as Nirmal Singh @ Bugga Vs. State of Punjab.

4. Per contra, learned State counsel opposes the prayer for grant of regular bail to the petitioner on the ground that the quantity involved in the present case is commercial in nature and as such, the petitioner is not entitled to the relief of regular bail in view of the embargo created by Section 37 of the NDPS Act. However, learned State counsel could not controvert the fact that the similarly situated co-accused has already been granted the concession of regular bail by this Court on 06.07.2023.

5. A two Judge Bench of Hon’ble Supreme Court in ‘Satender Kumar Antil v. CBI’ (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed:

“6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.”

6. This Court in ‘Rajender Singh @ Raju Vs. State of Haryana’ and ‘Iqbal Singh Bali Vs. State of Punjab’ 2022 (2) Law Herald (P&H) 1493, while dealing with the issue of granting bail in a case in which the quantity of the alleged contraband is marginally higher than the commercial quantity, granted bail to the accused therein.

7. Having heard learned counsel for the parties and perusing the records of the case, it transpires that the petitioner is behind the bars for more than one year. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court on 12.01.2023. The trial of the case would take long time to