A successive bail application is maintainable upon demonstration of a material change in circumstances, and the court may grant bail if continued detention violates the fundamental right to a speedy trial, particularly when the accused has already served a substantial portion of the potential sentence.

Rakesh Kainthla, Judge

1. The petitioner has filed the present petition for seeking regular bail in F.I.R. No. `366 of 2024, dated 09.12.2024, registered at Police Station Nalagarh, District Solan, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’)

2. It has been asserted that, as per the prosecution, the police were on patrolling duty on 09.12.2024. They received a secret information at 3:50 p.m. that Satnam (petitioner) was standing at the exit gate of Nalagarh Bus Stand with the intention to sell heroin. The police reduced the information into writing and went to the spot where the petitioner was found with a backpack. The police searched the backpack and recovered a motorcycle key, one wallet containing documents, ₹10,400/-, one transparent packet containing 44.125 grams of heroin and one saffron head scarf. The police subsequently searched the petitioner’s house on 11.09.2024, and recovered 60.24 grams of heroin during the search. The heroin was sent to SFSL. The charge sheet was filed after the completion of the investigation. The allegations against the petitioner are false. The recovery effected from the petitioner’s house cannot be connected to the petitioner. This Court had granted bail to the co-accused in Cr.MP(M) No. 1332 of 2025. The petitioner had earlier filed a bail petition, which was registered as Cr.MP(M) No. 594 of 2025, and was dismissed by this Court on 03.04.2024. The petitioner had again filed a bail petition, which was registered as Cr.MP(M) No. 2289 of 2025, and was withdrawn on 29.10.2025. Hence, the present petition.

3. The petition is opposed by filing a status report asserting that the police were on a patrolling duty on 09.12.2024. They received a secret information at 3:50 pm that the petitioner, Satnam Singh, was carrying heroin in his backpack, and a huge quantity of heroin could be recovered from his search. The information was reduced to writing and was sent to the Supervisory Officer. The police associated two independent witnesses and went to the spot, where the petitioner was present. He had a carry bag containing 44.150 grams of heroin. The police seized the heroin and arrested the petitioner. He revealed during the interrogation that Sukhbir Singh had supplied heroin to him with a direction to take it to the Nalagarh bus stand, where someone would take the heroin and deliver ₹60,000/-. The petitioner was promised ₹2,000/- as commission. A photograph of heroin being weighed was found in the petitioner’s mobile phone. The police searched the petitioner’s house and recovered 60.420 grams of heroin. The police seized the heroin. The petitioner disclosed during interrogation that Sukhvir Singh @ Sukhpreet Singh had supplied the heroin. The police arrested Sukhvir @ Sukhpreet on 03.02.2025. He revealed during the interrogation that heroin was to be supplied to Sandeep Jatt, who had transferred ₹10,000/- to Sukhpreet’s account in advance and ₹40,000/- on 09.12.2024. It was found that Sandeep Jatt had transferred ₹11,25,000/- to the account of Sukhpreet Singh. Police searched for Sandeep Jatt but could not apprehend him. The police completed the investigation and filed the charge sheet 01.02.2025. A supplementary charge-sheet was filed against Sukhpreet Singh on 25.03.2025. A supplementary charge-sheet was filed against Sandeep Singh alias Jatt on 24.09.2025 before the learned Additional Special Judge, Na