JUDGMENT :

Jasjit Singh Bedi, J. (Oral)

The prayer in the present petition under Section 439 Cr.PC for the grant of regular bail to the petitoiner in case FIR No.155 dated 02.09.2021 under Sections 22(C) of the NDPS Act, 1985 registered at Police Station Division 'E' District Police Commissionerate Amritsar.

2. The brief facts of the case are that while the police party was on patrolling duty, a secret information was received that Santokh Singh (granted bail vide order dated 07.12.2023 in CRM-M-22475-2023) and Tarun Sharma @ Tarun (petitioner) along with Tanu Arora (granted bail vide order dated 22.12.2023 in CRM-M-63876-2023) had formed a gang for supplying intoxicants tablets. Both Santokh Singh and Tarun Sharma @ Tarun were riding on a Activa scooter bearing registration No. PB-02-CJ- 2652 and with an intention to sell the intoxicant tablets were going towards Sai Sewa Bazaar. If a Nakabandi was set up, they could be apprehended.

Based on the information, a Nakabandi was set up and the Activa scooter was seen coming to the spot. The driver of the Activa disclosed his name as Santokh Singh and the pillion rider as Tarun Sharma @ Tarun. The recovery of 53100 intoxicant tablets containing the salt Tramadol Hydrochloride came to be effected from the accused.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was a first-time offender, in custody since 02.09.2021 and none of the 19 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail in view of the judgment of the Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023 arising out of impugned final judgment and order dated 29.11.2022 in CRM (NDPS) No.1323/2022, decided on 04.05.2023.

4. On the other hand, the learned State counsel contends that commercial quantity of contraband has been recovered from the petitioner. Therefore, in view of the bar contained under Section 37 of the NDPS Act, the petitioner was not entitled to the grant of bail. He, however, concedes that the petitioner was a first time offender, in custody since 02.09.2021 and none of the 19 prosecution witnesses had been examined.

5. I have heard the learned counsel for the parties.

6. The Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on 01.08.2022 held as under:-

7. In Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023, decided on 04.05.2023, held as under:-

8. In the instant case, the petitioner is stated to be in custody since 02.09.2021 none of the 19 prosecution witnesses have been examined so far. He is also a first-time offender with no other case registered against him. In this situation, the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial and the case of the petitioner can be considered for the grant of bail, moreso when his coaccused have been granted bail.

9. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Tarun Sharma @ Tarun son of Ramesh Kumar is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

10. The petitioner shall appear before the police station concerned on the first Monday of eve