The constitutional right to a speedy trial takes precedence over statutory bail restrictions where an accused has undergone extended pre-trial incarceration and the trial is unlikely to conclude within a reasonable timeframe.

JUDGMENT :

PRATEEK JALAN, J.

1. By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], the applicant seeks regular bail in connection with NCB Crime No. VIII/09/DZU/2024, registered under Sections 8(c)/18(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“the NDPS Act”].

2. I have heard Mr. Pramod Kumar, learned counsel for the applicant, and Mr. Arun Khatri, learned Senior Standing Counsel for the respondent – Narcotics Control Bureau. The prosecution has placed on record a status report dated 24.02.2026.

A. PROSECUTION CASE

3. The prosecution case, as it emerges from the material on record, is as follows:

a. On the basis of secret information received on 23.04.2024, two persons, being the applicant herein and a Child in Conflict with Law [“CCL”], were apprehended at 10:05 AM upon their arrival in Delhi. They were travelling on West Bengal Sampark Kranti Express [Train No. 12329], from Gaya, Bihar to Anand Vihar, Delhi.

b. The applicant was in possession of a maroon-coloured backpack. Upon searching the bag, a pink-and-white coloured bag containing four transparent polythene packets were recovered, each containing a blackish-brown substance. Upon opening and testing each packet individually, the contents tested positive for opium. Each packet weighed 506 grams, totalling 2.024 kilograms of opium.

c. During the preliminary investigation, the applicant and the CCL disclosed the involvement of two more individuals, namely, Dhiraj Kumar and Parmesh Saw, who were stated to be scheduled to arrive at New Delhi Railway Station at 2:00 PM, carrying opium.

d. Pursuant thereto, the said persons were apprehended, and Parmesh Saw was found carrying a black-coloured bag. Upon inquiry, he revealed that the bag contained opium. Four packets were recovered from the black bag containing black colour pasty substance, which, upon testing, gave positive results for opium. Two of the packets weighed 506 grams each, while the remaining two weighed 508 grams each, totalling 2.028 kilograms of opium.

e. The applicant’s statement under Section 67 of the NDPS Act was recorded, wherein he voluntarily deposed that, on 22.04.2024, his relative, Biru Saw, had contacted him to transport opium to Delhi for a remuneration of Rs. 8,000/-. The applicant further stated that he had been informed that the CCL would accompany him to Delhi, and that further details would be provided upon their arrival. Upon reaching Gaya Junction Railway Station, the applicant and the CCL met Dhiraj Kumar and Parmesh Saw, who disclosed that they were also carrying opium. The applicant disclosed the contact numbers of the said individuals and admitted to having delivered opium on 18-19 prior occasions, including to Alwar, Jaipur, Delhi, Panipat, and Haryana. He further stated that deliveries in Panipat were made to one Pramod, while the deliveries in Rajasthan were made to one Satish @ Kashiram.

f. The accused persons, being the applicant, CCL, Dhiraj Kumar and Parmesh Saw, were all arrested on 24.04.2024.

g. Upon completion of the investigation, a complaint was filed before the Special Court, citing 15 witnesses.

h. The accused persons were working for one Biru Saw, and had travelled to Delhi for the purpose of delivering opium. The total recovery constitutes a commercial quantity [2.5 kilograms and above], as the recoveries of 2.024 kilograms and 2.028 kilograms have been reflected in the same complaint and clubbed together.

4. The Nominal Roll reflects that, as of 21.02.2026, the applicant had been in judicial custody for a period of 1 yea