The right to a speedy trial under Article 21 of the Constitution is fundamental, and prolonged detention without trial can justify the grant of bail, despite stringent conditions under the NDPS Act.

Judgment

Mr. Harpreet Singh Brar, J.

This is the first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.66 dated 03.07.2020 registered under Sections 22, 25, 29 of NDPS Act, 1985 at Police Station Rureke Kalan, District Barnala.

2. The present FIR was lodged on the basis of ruqa sent by the Investigating Officer on the following allegations:-

“Copy of ruqa, officer incharge of Police Station Rureke Kalan, Jai Hind, Today, I, Insp. alongwith ASI Naib Singh 682, HC Sukhvir Singh 568/BR, HC Lovepreet Singh 900/BR, HC Gurpreet Singh 831 were travelling in government vehicle bearing registration number PB-13-BA-1844 driven by C Jagsir Singh 401 and were present at Nakabandi with regard to checking of suspected persons at Barnala-Mansa main road from where link road was going towards village Kaneke in the area of Dhanaula then time was about 5 AM then my special source has come and told me separately that Humesh Kumar alias Mintu alias Baba Son of Kaka Singh, resident of Karrail, District Sangrur, aged about 35 years and Baljit Singh Son of Bara Singh, resident of Bhikhi, District Mansa aged about 37/38 years in connivance with each other after bringing intoxicant tablets from outside and are supplying the intoxicant tablets on higher level in the area of District Mansa, Sangrur, Patiala and Barnala and who are having Car bearing No.DL-5CJ-8850 of white colour Mark Swift. Today, they are bringing intoxicant tablets from outer States and about to supply in the area of District Mansa and Barnala and if they be searched by conducting Nakabandi at Main Road then they can be apprehended coming from Mansa side towards Barnala and earlier cases with regard to selling of intoxicant contrabands was registered against them. Information is believable and true. Therefore, the act of Humesh Kumar alias Mintu and Baljit Singh for keeping and selling intoxicant tablets fulfills the offence under Section 22, 25/61/85 of NDPS Act. This information was given on wireless set to ASI Sharif Khan CIA Barnala and requested to reach on the spot alongwith police party for initiation of proceedings and SHO of Police Station Rureke Kalan also informed. Therefore, ruqa against Humesh Kumar alias Mintu and Baljit Singh under the above said Sections sent through C Gurpreet Singh 831 to Police Station Rureke Kalan for registration of case. Case number be intimated after registration of case to ASI Sharif Khan. I was present on the spot for investigation. Today, Main road from Barnala to Mansa in the area of Dhaula time 5:30 PM. Sd/- Baljit Singh Insp., Incharge CIA Barnala dated 03.07.2020. Upon receiving ruqa, the above said case number against the accused person has been registered.”

3. Learned counsel for the petitioner inter alia contends that the petitioner was arrested on 03.07.2020. The investigating agency after completing the investigation filed the final report under Section 173 Cr.P.C. on 16.12.2020. Learned trial Court framed the charges on 14.12.2021 and out of 19 witnesses only 04 have been examined till date. Learned counsel further submits that co-accused namely Humesh Kumar @ Harmesh Kumar @ Mintu @ Baba has already been granted the concession of regular bail vide order dated 24.11.2023 in case bearing CRM-M No.46038 of 2023, by this Court. The petitioner is languishing in jail for the last more than three years and the trial of the case is progressing at a snail’s pace which violates the fundamental right of the petitioner enshrined under Article 21 of the Constitution of India, which guarantees the right to speedy trial.

4. Per contra learned State counsel has opposed the grant of regular bail on the ground that the petitioner is a habitual offender and he has been involved in four more cases under the NDPS Act. Huge quantity of 1,50,000 intoxicating tablets of Alprasafe 0.5 and 30,000 intoxicating tablets of Clovidol-100 SR have been recovered from the petitioner and his co-accused involving the com