JUDGMENT :

Namit Kumar, J. (Oral)

Prayer in this 2nd petition filed under Section 439 Cr.P.C., is for grant of regular bail to the petitioner in FIR No.54 dated 09.08.2019, registered under Section 15 of the NDPS Act (Sections 25/29/61 of the NDPS Act, added later on) at Police Station Amir Khas, District Fazilka.

2. As per prosecution case, the allegations levelled in the FIR are that on 09.08.2019, a secret information was received that Savinder Singh @ Bagar, Sukha Singh @ Gaggu, Gagandeep Singh @ Gaggu, Vikramjeet @ Vicky (present petitioner) and one unknown person, are indulged in the business of selling poppy husk in the area of village Saido, and they were coming on a car bearing registration N0.DL-8CH-5460 along with huge quantity of poppy husk and were going towards village Sohangarh but on the way, their car lost control and overturned in the fields and they sustained injuries and now they are reloading the poppy husk from the said car to another car and if a raid is conducted, then they can be apprehended. On the basis of the said secret information, the impugned FIR was registered.

3. Learned counsel for the petitioner inter alia contends that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is in custody for the last 02 years 08 months and 13 days and he was not arrested from the spot.

4. Learned counsel for the petitioner further submits that the co-accused, namely, Sukha Singh @ Gaggu has already been granted the concession of regular bail by this Court vide order dated 13.12.2019 passed in CRM-M No.51925 of 2019 and similarly, another co-accused, namely, Shavinder Singh @ Bagar has also been granted the concession of regular bail by this Court vide order dated 28.11.2019 passed in CRM-M No.48578 of 2019. Lastly, he submits that the investigation in the present case is complete as challan stands presented; charges have been framed and out of total 20 prosecution witnesses, only 12 PWs have been examined so far and the next date, fixed before the learned trial Court is 19.07.2024 for recording the evidence of the remaining prosecution witnesses and the trial is likely to take considerable time to conclude and, therefore, no fruitful purpose would be served by detaining the petitioner behind the bars.

5. Learned counsel for the petitioner has referred to a judgment of the Hon'ble Supreme Court passed in "Satender Kumar Antil Vs. Central Bureau of Investigation and another", 2022(10) SCC 51, to contend that the Hon'ble Supreme Court has discussed the serious issue with regard to repeated adjournments and its effect upon the Right to Life under Article 21 of the Constitution of India. He has also referred to a latest judgment of the Hon'ble Supreme Court passed in "Mohd Muslim @ Hussain Vs. State (NCT of Delhi)", 2023 AIR (SC) 1648 to contend that when there is a long delay in the trial and especially when it is not the fault of the accused and in that situation even the effect of Section 37 of the NDPS Act will be diluted in the given facts and circumstances of each and every case.

6. Per contra, learned State counsel has opposed the prayer for grant of regular bail to the petitioner on the ground that the petitioner is a habitual offender and he is involved in one more case i.e. FIR No.101/2021 dated 17.06.2021 under Section 15/61/85 of the NDPS Act at Police Station Vairo Ke, District Fazilka, therefore, the petitioner does not deserve the concession of regular bail. However, he could not refute that out of total 20 prosecution witnesses only 12 PWs have been examined till date; next date before the trial Court is 19.07.2024; petitioner is in custody for the last 02 years 08 months and 13 days and the trial may take a considerable time to conclude.

7. Refuting the above contention of the learned State counsel, learned counsel for the petitioner submits that in the aforesaid FIR No.101 dated 17.06.2021, the petitioner is on bail.

8. I have heard learned