JUDGMENT :

Harpreet Singh Brar, J.

Vide this common order, I intend to dispose of CRM-M Nos.63888 and 34816 of 2024, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CRM-M-63888-2024.

2. Prayer in both these petitions filed under Section 483 of BNSS, 2023 (erstwhile Section 439 of Cr.P.C.) is for grant of regular bail to the petitioner(s) namely Ravinder Singh and Jassa Singh @ Moong in FIR No.68 dated 26.08.2023 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') at Police Station Ballianwali, District Bathinda.

3. The brief facts of the case are that on 26.08.2023, two persons namely Ravinder Singh and Jagga Singh @ Mangu were arrested by the police for keeping in possession 1400 tables of Tramacel-100 (Tramadol) without any permit or license and during the course of investigation, 250 more tablets were recovered from the possession of said accused Ravinder Singh, on the basis of the disclosure statement made by him. Subsequently, the FIR (supra) was registered.

4. Learned counsel for the petitioner (in CRM-M-63888- 2024) inter alia contends that this is the 3rd petition seeking regular bail to the petitioner Ravinder Singh and the earlier petition was dismissed in default on 07.08.2024. He submits that the new ground for filing this petition (CRM-M-63888-2024) is that there is a delay in conclusion of the trial as out of 15 PWs, only 05 PWs have been examined till date and the prosecution has failed to conclude its evidence in spite of passing of more than 01 year and 07 months. Learned counsel for the petitioner(s) submits that the case of the petitioner(s) is squarely covered by the ratio of law laid down in Nandlal Mondal @ Abhay Mondal Vs. The State of West Bengal SLP (Crl) No(s).12788/2023.

5. Learned counsel for the petitioner(s) further submits that the petitioners' case involves certain critical aspects regarding the legality of the seizure and the authenticity of the disclosure statement made by Ravinder Singh, during the course investigation and the trial of the case is likely to take long time in conclusion.

6. Per contra, learned State counsel has filed custody certificates today in the Court which is taken on record and he opposes the prayer made by learned counsel for the petitioner(s) on the ground that huge quantity of contraband was recovered from the conscious possession of the petitioner(s), which falls within the ambit of commercial quantity and as such, the petitioner(s) are not entitled for any relief, however, he could not controvert the fact that the petitioner(s) are not involved in any other case.

7. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner(s) are behind the bars from the last more than 01 year and 07 months. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. Charges were framed and trial of the case has not made much progress. Out of 15 prosecution witnesses, 05 PWs have been examined so far.

8. A two Judge bench of the Hon'ble Supreme Court in Nandlal Mondal @ Abhay Mondal's case (supra), released the accused on bail after completion of 18 months of custody on account of protracted trial in NDPS case involving commercial quantity of contraband. Reliance in this regard can also be placed upon the judgments rendered by the Hon'ble Supreme Court passed in Md. Aliul Islam @ Aliul Islam @ Alius Vs. The Stale of West Bengal SLP (Crl) No. 000736/2024, Debrata Mondal Vs. Stale of West Bengal SLP(Crl) 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(Crl) No. 8512/2023, Naijul 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. &