JUDGMENT :

Kuldeep Tiwari, J.

Through the instant petition filed under Section 439 of Cr.P.C., the petitioner prays for grant of regular bail in case FIR No.307 dated 04.07.2022 (Annexure P-1), under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sohana, District SAS Nagar, Mohali, Punjab.

2. The case as set up by the prosecution is that a naka was laid near Pearl Society, village Sukhgarh, and at about 7.00 p.m., two persons having their hair cut were seen coming on the motorcycle, from the side of village Sukhgarh, who were signaled to stop, upon which the person, who was sitting as a pillion rider, was having a polythene bag in his hands, and he has thrown the aforesaid polythene bag on the garbage heap, and thereafter, they tried to run away, by turning their motorcycle. However, both the persons fell down on the road, due to the imbalance of the motorcycle, and thereafter, they were apprehended by the police party, and later on, they disclosed their names as Rohit, who was driving the motorcycle, and the present petitioner, who was riding as pillion. On search of the polythene bag, which was thrown on the heap of garbage, 12 injections of Buprenorphine, 12 injections of Avil and 40 grams of intoxicant powder, were recovered from the polythene bag. After completion of the investigation, final report was filed. 40 grams of intoxicant powder was later on found to be Tramadol Hydrochloride.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

3. On asking for the relief (supra), learned counsel for the petitioner submits that Tramadol Hydrochloride, which is 40 grams recovered in the instant case, falls under the ambit of non-commercial quantity. The recovery of 12 injections of Avil, does not cover the definition of contraband, as prescribed under the NDPS Act, and the rest 12 injections of Buprenorphine, were found to be containing 24 mg of Buprenorphine, and the commercial quantity as prescribed under the schedule is 20 mg, therefore, the recovery effected is marginally above the commercial quantity. He further submits though the petitioner is involved in three other cases, but none of them is registered under the NDPS Act, rather, all are petty offences. He finally submits that the petitioner has suffered incarceration of more than 02 years and 04 months, as on date, and on asking for the relief (supra), he submits that till date, the trial in the instant case has not even reached the half way mark.

4. In addition, learned counsel for the petitioner submits that the co-accused Rohit, has already been extended the relief of regular bail, by coordinate Bench of this Court, vide order dated 19.01.2024, passed in CRM-M-4556-2023, and therefore, the present petitioner also deserves the asked for relief.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

5. On the other hand, learned State counsel on instructions imparted to him by SI Barma Singh, has opposed the grant of regular bail to the petitioner. He has also placed on record the custody certificate dated 06.11.2024, qua the petitioner, in the Court today. The same is taken on record. The custody certificate reflects that the petitioner has suffered incarceration of more than 02 years and 04 months, as on today, and the petitioner is involved in three other cases, but none of them is registered under the NDPS Act. Further, the learned State counsel informs this Court that in the instant case, the prosecution has cited total 15 witnesses, out of which, 06 witnesses have been examined, as on date, and the next date before the learned trial Court concerned, fixed is 04.12.2024.

ANALYSIS

6. Before embarking upon the process of evaluating the arguments addressed by the learned counsels for the parties concerned, and penning down any opinion upon the instant petition, it is deemed imperative to capture an overview of some significant legal propositions.

7. 'Bail is the Rule and Jail is an Exception'. This basic principle of criminal jurispr