JUDGMENT :

Harpreet Singh Brar, J. (Oral) 

1. This is the first petition filed under Section 483 BNSS seeking regular bail to the petitioner, in case bearing FIR No.106 dated 28.07.2023 under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 25(6) of Arms Act, 1959 registered at Police Station City Nawanshahar, District SBS Nagar (Annexure P-1).

2. Tersely put, present case has been registered on the basis of secret information that Sandeep Kumar @ Ravi Balachauria son of Gurmail Singh, who is gangster and many cases of murder, extortion, NDPS Act and Arms Act are registered against him, at present, he is in jail but still he is getting Arms and Heroin supplied through Akashdeep @ Billa and Akashdeep Singh son of Sukhjinder Singh (petitioner herein). It is further informed that even both these persons namely Akashdeep @ Billa and Akashdeep Singh son of Sukhjinder Singh are coming on black colour scooter bearing No.PB-24-B-3951 from Garhshankar to Nawanshahr side, for supplying the Heroin and Arms. If naka be laid at the disclosed place, then they could be apprehended along with Heroin and illegal weapons. On the basis of said information, present FIR was registered under Sections 21 & 29 of NDPS Act and 25(6) of Arms Act. Naka was laid and during checking, both accused namely Akashdeep @ Billa and Akashdeep Singh son of Sukhjinder Singh (petitioner herein) were apprehended and on conducting their search, 01 kilogram 200 grams of Heroin along with pistols, magzines and Rs.1,35,000/- drug money got recovered from them.

3. Learned counsel inter alia contends that similarly situated co-accused namely Akashdeep has been granted the concession of regular bail by this Court vide order dated 17.02.2025 passed in CRM-M-7711-2025 (Annexure P-2). He further contends that in spite of the fact that FIR (supra) was registered on 28.07.2023, out of total 25 witnesses cited by the prosecution, only 01 witness has been examined so far. The petitioner has undergone a custody period of 01 year 07 months and 03 days and is not involved in any other case.

4. Learned State counsel produces the custody certificate of the petitioner, which is taken on record and per contra, opposes the prayer made by the petitioner on the ground that there is sufficient material placed on record to prove the complicity of the petitioner, however, he could not controvert the fact that the petitioner is not involved in any other case, his custody period is 01 year, 07 months and 03 days and out of 25 prosecution witnesses, only 01 witness has been examined and 05 have been given up.

5. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars since 03.08.2023 and he is not involved in any other case. The final report under Section 173 Cr.P.C. was presented before the concerned Court and subsequently, charges were framed. Currently, the trial is at the stage of prosecution witness and out of 25 witnesses cited by the prosecution, only 01 witness has been examined so far. The petitioner has already undergone a period of 01 year, 07 months and 03 days of custody and the delay in conclusion of trial cannot be attributed him.

6. A two Judge bench of the Hon'ble Supreme Court in Nandlal Mondal @ Abhay Mondal Vs. The State of West Bengal SLP (Crl.) No(s).12788/2023 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 State of West Bengal SLP (Crl.) No. 000736/2024, Debrata Mondal Vs. State 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, Na