Prolonged incarceration without trial violates the right to personal liberty under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.

1. Heard Mr. U. S. Borgohain, learned counsel for the petitioner. Also heard Ms. M. Deka, learned counsel for the NCB.

2. This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, Swapan Kumar Singha, who has been Page No.# 1/13 GAHC010063482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./931/2024 SWAPAN KUMAR SINGHA SON OF BINOD SINGHA, R/O CHANDRAPUR PART-II, P.O. PALLARBOND PS LAKHIPUR DIST. CACHAR, ASSAM PIN-788101 VERSUS THE NARCOTIC CONTROL BUREAU, REP BY THE STANDING COUNSEL, NCB Advocate for the Petitioner : MR. B PEGU Advocate for the Respondent : SC, NCB BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17-05-2024 1. Heard Mr. U. S. Borgohain, learned counsel for the petitioner. Also heard Ms. M. Deka, learned counsel for the NCB.

2. This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, Swapan Kumar Singha, who has been Page No.# 2/13 detained behind the bars since 08.09.2019 (for last more than 4 years and 8 months) in connection with NDPS Case No. 21/2020 under Sections 21(c)/29 of the NDPS Act, 1985 pending in the Court of learned Additional Sessions Judge No. 2, Kamrup(M).

3. The gist of accusation in this case is that the Narcotic Control Bureau represented by one Karamveer Singh, Intelligence Officer, NCB, Guwahati Zonal Unit filed a complaint before the Special Judge, Kamrup(M),Guwahati against 5 numbers of accused persons, including the present petitioner, inter alia, alleging that on 07.09.2019 at about 1100 hours, the Intelligence Officer, NCB, received an information through reliable sources that two persons, namely, Oinam Lakhikanta Singh and one Swapan Kumar Singha (present petitioner) will be coming near Health City Hospital at Khanapara in a vehicle bearing Registration No. AS 01 DY 7936, carrying a huge consignment of morphine.

4. Accordingly, after observing the necessary formalities, the NCB team proceeded towards the Health City Hospital, Khanapara and about 1500 hours on that day intercepted the vehicle bearing Registration No. AS 01-DY-7936 and found 2 persons inside the said vehicle, namely, Oinam Lakhikanta Singh and Swapan Kumar Singha (present petitioner) and on search of the said vehicle, 540 kgs of morphine was recovered which was concealed in the said vehicle.

5. On receipt of the said complaint, NDPS Case No. 21/2020 was registered.

6. The present petitioner was arrested on 08.09.2019 and charges under Section 21(c)/29 of the NDPS Act, 1985 was framed against him along with the Page No.# 3/13 other co-accused persons on 31.10.2022.

7. Learned counsel for the petitioner has submitted that even after lapse of more than 4 years and 8 months of custodial detention of the present petitioner, the trial of NDPS Case No. 21/2020 has not yet fairly progressed and only 4 out of total 11 prosecution witnesses listed in the complaint have been examined till date.

8. Learned counsel for the petitioner has submitted that the petitioner is entitled to get speedy trial as he is incarcerated for more than 4 years 8 month and any procedure which does not ensure a reasonably quick trial to the petitioner cannot be regarded as reasonable, fair or just and it would fall foul of Article 21 of the Constitution of India.

9. Learned counsel for the petitioner has submitted that the search in instant case was conducted after sunset and mandatory provision of law as prescribed under Section 42 of the NDPS Act, 1985 has not been followed. It is also submitted by learned counsel for the petitioner that there is also violation of Section 52A of the NDPS Act, 1985 in this case.

10. The learned counsel for the petitioner has submitted that the co-accused Oinam Lakhikanta Singh who was arrested along with the present petitioner was granted bail by this Court by order dated 20.04.2024 passed in Bail Application No. 533/2024.

11. The learned coun