S. No.237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRM-M-40983 of 2025 Date of Decision:15.12.2025 Soni Singh alias Godu .....Petitioner Vs.

State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. J.S. Sarao, Advocate for the petitioner.

Mr. Gorav Kathuria, DAG, Punjab.

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Yashvir Singh Rathor, J. (Oral)

This is first petition filed under Section 483 of BNSS, 2023 (439 of Code of Criminal Procedure) for grant of regular bail to the petitioner in case FIR No.48 dated 13.05.2023 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the NDPS Act’) (Section 29 of the NDPS Act added later on) at Police Station Dirba, District Sangrur.

2. Brief facts of the prosecution case are that on 13.05.2023, a secret information was received by the police that Soni Singh alias Goddu (petitioner) and Husanpreet Singh alias Husan shall be coming in Car No.HR-10V-3330 make JETTA and they sell poppy husk after bringing the same from other States and are also involved in other NDPS cases. After some time, a naka was laid and Car No.HR- 10V-3330 being driven by Soni Singh alias Goddu (petitioner) was apprehended in which Husanpreet wasa co-passenger. From the search of the car, 105 kg. of poppy husk was recovered. The petitioner failed to produce any license regarding possession of the same and thus, FIR was registered and petitioner was arrested on the spot. After completion of investigation, challan was presented and after framing of charge, learned trial Court proceeded with trial.

3. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

4. Learned counsel for the petitioner contended that the petitioner has been falsely implicated. Learned counsel next contended that the petitioner is in custody since 13.05.2023 and after completion of investigation, challan has been presented. Thereafter, charge has been framed on 18.10.2023. However, the case is still at the stage of prosecution evidence and trial has not been concluded and conclusion of the trial is likely to take a long time. Learned counsel further con- tended that in view of his long incarceration, petitioner is entitled to be released on bail, as prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and the condi- tional liberty must override the statutory embargo created under Section 37 of the NDPS Act. In support of his contention, learned counsel for the petitioner has re- lied upon judgments passed in CRM-M-21794 of 2023 – Sandeep Singh v. State of Punjab decided on 05.05.2023, CRR-1785 of 2018 (O&M)- Vicky Kaur v. State of Punjab, decided on 13.08.2018, CRM-M-14029 of 2018 Kamlesh v. State of Punjab, decided on 06.05.2015, CRM-M-17321 of 2025 Jassu Ram @ Jasuram v. State of Punjab, decided on 04.04.2025 and a judgment of Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. (s).12788/2023 – Nandalal Mondal @ Abhay Mondal v. The State of West Bengal, judgment of Hon’ble Supreme Court passed in Criminal Appeal No.4883/2025 - Santosh Pawar Vs.

State of Chhattisgarh & Anr. decided on 14.11.2025 and (2022) 10 SCC 52, Sa-

tender Kumar Antil Vs. Central Bureau of Investigation

5. On the other hand, learned State Counsel has opposed the bail and ar- gued that the petitioner has committed a heinous crime as he along with co-ac- cused was found in possession of 105 Kg. of poppy husk (commercial quantity) and in view of rigors contained in statutory provision of Section 37 of NDPS Act, he is not entitled to the benefit of bail.

6. Hon’ble Supreme Court in 2023 Live Law (SC) 533, Rabi Prakash v. State of Odisha has held that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under