JUDGMENT :

Harpreet Singh Brar, J. (Oral) :

This is the third petition under Section 439 of Cr.PC. for grant of regular bail in case bearing FIR No. 125 dated 01.07.2019 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Shahkot, District Jalandhar Rural.

2. On 01.07.2019, the police party was patrolling the area of Kotli Gajran in a private vehicle when they saw the petitioner walking on foot, carrying a plastic bag in his right hand. He was apprehended on suspicion and his consent to search him was obtained. Consequently, 100 strips of Clovidol-100, with 10 tablets in each strip, were recovered. Subsequently, a ruka was sent and FIR (supra) was registered against the petitioner. On chemical analysis, it was found that the recovered contraband contained 409 gms of Tramadol.

3. Learned counsel for the petitioner inter alia contends that the present petition is the third attempt by the petitioner to seek grant of regular bail and has been filed on account of delay in conclusion of trial. The first and second petitions were dismissed as withdrawn vide orders dated 05.01.2024 and 18.09.2024, respectively. He further contends that the police party has failed to comply with Sections 42, 50, 52-A, 57 of the NDPS Act, which are mandatory in nature, thus vitiating the entire search. Curiously, the documents which were prepared on the spot of the alleged occurrence i.e. recovery memo, site plan etc, bear the details of the FIR, which was registered later in time. Finally, the petitioner has already undergone custody of 1 year 5 months and 17 days. The delay in conclusion of trial cannot be attributed to the petitioner and as such, he deserves the concession of bail. Reliance in this regard is placed on the judgments of Hon'ble Supreme Court passed in Md. Aliul Islam @ Aliul Islam @ Alius Vs. The State of West Bengal, SLP (CRL) No. 000736/2024, Debrata Mondal Vs. State of West Bengal SLP (Cri) No. 14970-2023, Santarul Islam @ Santa Vs. The State of West Bengal SLP(CrL) No. 13169/2023, Indrajit Mondal @ Piglu Vs. The State of West Bengal SLP (Cri) No. 8512/2023, Narjul Islam @ Najbul Hoque Vs. The State of West Bengal SLP(Crl) No. 14172/2023, Subhashri Das @ Rana @ Subhoshree Vs. The State of West Bengal SLP(CrL) No. 15284/2023, Mithun Sk. & Anr. Vs. The State of West Bengal SLP (Cri) No.016598/2023, SK Nasiruddin @ Nasirddin SK Vs. State of West Bengal SLP (Cri) No.003402/2024, Indadul Shah Vs. The State of West Bengal SLP(Crl) No. 12670/2023, Ripon Seikh & Ors. Vs. State of West Bengal SLP(Crl) No. 16663/2023, Moidul Sarkar Vs. The State of West Bengal SLP(Crl).No. 15668/ 2023, Saniya Bibi @ Soniya Bibi Vs. The State of West Bengal SLP(Cri) No. 2354/2024, Saddam Hossain Vs. State of West Bengal SLP(Crl) No. 15496/2023, Bijon SK @ Golam Murselim Vs. The State of West Bengal SLP (Cri) No. 6046/2024 and Chitta Biswas @ Subhas Vs. The State of West Bengal SLP(Crl) No. 8823/2019.

4. Further, a two Judge bench of the Hon'ble Supreme Court in Mohd. Muslim @ Hussain vs. State (NCT of Delhi) 2023 AIR SC 1648 has held that the concept of fairness enshrined under Article 21 of the Constitution of India would trump the bar on granting bail in cases involving commercial quantity of contraband, as stipulated by Section 37 of the NDPS Act. Speaking through Justice S. Ravindra Bhat, has opined as follows:

"20. The standard to be considered therefore, is one, where the court would look at the material in a broad manner, and reasonably see whether the accused's guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation (as held in Union of India v. Rattan Malik). Grant of bail on ground of undue delay in trial, cannot be said to be fettered by