The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22

(C) - Criminal Procedure Code, 1973 - Section 439 - Bail application - Petitioner sought bail in FIR No. 671 under NDPS Act - No direct recovery from petitioner, who has been in custody for 1 year, 6 months, and 17 days - Court emphasized presumption of innocence and the general rule favoring bail - Cited 'Dataram v. State of Uttar Pradesh' regarding bail principles. (Paras 3, 4, 5, 6, 7)

(B) Right to speedy trial - Article 21 of the Constitution - Court noted the constitutional right to a speedy trial and the need for humane treatment of accused persons. (Paras 5, 6, 7)

Facts of the case:
The petitioner was implicated based on a co-accused's disclosure statement, with no direct evidence against him. He has been in custody since 12.01.2023, and the trial is delayed with no witnesses examined.

Findings of Court:
The petitioner is granted bail under Section 439 Cr.P.C. on furnishing bail and surety bonds.

Issues: The main issues were the presumption of innocence, the delay in trial, and the conditions for granting bail.

Ratio Decidendi: The court ruled that the presumption of innocence and the general rule favoring bail must be upheld, especially given the lengthy custody without trial.

Result: Petition allowed.

JUDGMENT

Sandeep Moudgil, J. (Oral)

Relief Sought

The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked seeking the concession for the grant of regular bail to the petitioner in case FIR No.671, dated 29.07.2022, registered under Sections 22(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 27A and 29 of NDPS Act added later on) at Police Station City Karnal, District Karnal.

2. Prosecution story set up in the present case as per the version in the FIR read as under :-

'Copy of tehrir is attached. To the SHO Police Station Karnal Jai hind. Today on 28.07.2022 I SI along with SI Krishan Kumar 1191/KNL., HC Harpreet Singh 1067/KKR, EASI Surender Singh 799/Jind along with Govt. Vehicle No. HR05GV- 9783 make Scorpio, whose driver is Constable Ajay Kumar 799/KNL in respect of investigation in FIR No. 293 dated 24.07.2022 under Section 22-61-85 NDPS Act took the accused Amit son of Prem Singh resident of Village Sanoli Police Station Sanoli District Panipat presently tenant Gali No. 3 Shanti Nagar, Police Station Ram Nagar, District Karnal was taken on Police remand for 3 days from Hon'ble Court and after putting accused Sagar son of Vijay Kumar resident of Gali No. 6 Shiv Colony, District Karnal behind bars, proceeded for the search of Deepak Gujral and Kanhaiya Saini resident of Afgana Mohalla Karaina District Shamli, when reached near Nirankar Chowk railway Road Karnal then accused Amit Kumar told me SI that 2/3 days ago I from my mobile No. 9996741241 called Deepak Gujral resident of Afganan Mohalla Mobile No. 9520740983 and ordered 2400 intoxicating tablets of Alperamed 0:50 MG without Bill. Deepak told me that on 29.07.2022 Kanhaiya Saini resident of Afgana Mohalla Kairana, District Shamli will come in the morning time in the area of Karnal to supply the Intoxicating medicines. I will also send your order through Kanhaiya Saini. Kanhaiya Saini will . meet you behind old Bus Stand Karnal at the tea shop. You after taking VIKRAM SINGH intoxicating medicines from Kanhaiya transfer money to me through Google. If Kanhaiya is apprehended after searching behind old Bus Stand, his search be conducted, then heavy quantity of intoxicating medicines can be recovered from him. That the information is correct and believable. On which after preparing Notice under Section 42 of NDPS Act was sent to the Police station City Karnal for information through EASI Surender Singh 799/Jind. On finding the offence under Section 22-61-25 NDPS act has been committed. I SI by writing request for registration of case sent to the police Station City Karnal through Ajay Kumar 799/KNL. After registration of case number be informed. Report of the instant case be sent to the higher officers. I SI is complainant in the instant case. Therefore, for further investigation of the instant case another investigation officer be sent to the spot. I SI along with fellow officers along with accused Amit above along with Government vehicle are proceeding for old Bus Stand Karnal. Today:-Nirankari Chowk Railway Road, Karnal Balwan Singh SI.'

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. The petitioner has been arrayed as an accused only on the basis of disclosure statement of co-accused-Deepak who was nominated in the disclosure statement of main accused-Kanhaiya Saini. He has further argued that no direct recovery has been effected from the petitioner. The petitioner has been in custody since 12.01.2023. He submits that no fruitful purpose would be served by keeping the petitioner behind the bars as conclusion of trial will take long time as out of total 34 prosecution witnesses, none has been examined till date.

On behalf of the State

On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. A

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