JUDGMENT :

Kirti Singh, J.

The jurisdiction of this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been invoked for grant of regular bail to the petitioner in case FIR No.246 dated 06.12.2023, under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sidhwan Bet, District Ludhiana, Rural.

2. Learned counsel for the petitioner submits that it is alleged that petitioner was apprehended with 2.7 kg of opium. He further submits that petitioner has been falsely implicated in this case and the alleged recovery is marginally higher than the commercial quantity. He also submits that petitioner has clean antecedents and there is no other case registered against him. Reliance has been placed upon the decision dated 05.09.2023 passed by the Co-ordinate Bench of this Court in CRM-M-43084-2023.

3. Per contra learned State counsel submits that the petitioner was actively involved in the commission of the offence. He has filed custody certificate in Court today and the same is taken on record. As per the custody certificate, the petitioner has undergone actual custody of 10 months and 13 days and is not involved in any other case. He on instructions from the concerned investigating officer submits that charges were framed on 12.04.2024 and out of total of 11 prosecution witnesses, only two have been examined. He, however, submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.

4. Heard the rival submissions made by learned counsel for the parties.

5. This Court granted bail in Satnam Singh @ Saita, vs. State of Punjab, CRM-M-23809-2022, dated 17.05.2023, wherein the recovery was marginally higher than the non-commercial quantity, the accused being behind bars for the last more than 10 months; in Jaspal Singh @ Pala vs. State of Punjab, CRM-M-45239-2019, decided on 25.02.2020, the alleged recovery was of 275 grams heroin; in Tqjinder Singh vs. State of Punjab, CRM-M-8212-2022, alleged recovery was of 270 grams of heroin and the accused was behind bars since 7 months and Ladwinder Singh @ Laddi vs. State of Punjab, CRM-M-44383-2022, wherein the recovery was of 2kgs. 700 grams opium and the accused remain in custody for 9 months. Hon'ble The Supreme Court vide order dated 23.01.2023, dismissed the SLP (Crl.) No. 18957 of 2022 in Union of India vs. Simranpal Singh, a case where the High Court had granted bail to the petitioner, who had remained in custody for about one year and the recovery effected from him was of 1.5 kg charas.

6. Hon'ble The Supreme Court in the case of Dheeraj Kumar Shukla vs. The State of Uttar Pradesh, SLP (Criminal) No.6690/2022 decided on 25.01.2023 observed that in case of long custody period, involving quantity recovered to be of commercial nature, where the trial is yet to commence, though charges had been framed, the condition of Section 37 of NDPS Act can be dispensed with. In the case of Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, the Division Bench of this Court observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section 37 of NDPS Act. In the case of Munasi Masih vs. State of Punjab, CRM-M-31504-2022, decided on 06.02.2023, this Court granted bail to a first offender from whom commercial quantity of contraband had been recovered and only 2 out of 13 PWs have been examined, by observing that in view of delayed trial, the rigors of Section 37 of NDPS Act can be diluted to an extent and the petitioner can be granted bail, keeping in mind the right to a speedy trial as envisaged Article 21 of the Constitution of India.

7. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for 10 months and 13 days; not involved in any other case; alleged recovery is marginally above the noncommercial quantity; charges were framed on 12.04.20