IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

219 CRM-M-52999-2025 (O&M) Date of decision: 24.09.2025 Gurjeet Singh @ Gurjit Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. PS Sekhon, Advocate for the petitioner.

Mr. Manipal Singh Atwal, DAG, Punjab.

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AMAN CHAUDHARY, J. (Oral)

1. Prayer in the present petition filed under Section 439 Cr.P.C. (483 BNSS) is for grant of regular bail to the petitioner in case FIR No.151 dated 12.09.2023, registered under Sections 15-C and 29 of NDPS Act at Police Station Nathana, District Bathinda.

2. Learned counsel contends that the petitioner has been in custody for last 2 years. He alleges false implication in the case. As per the allegation, 60 Kgs. of Poppy Husk has been recovered from his car. There is non-compliance of mandatory provisions of Sections 41(2), 50 & 52(1) of NDPS Act. No independent witness has been joined at the time of recovery. There is no case pending against him. Challan stands presented on 29.01.2024, charges were framed on 30.05.2024 and out of 33 prosecution witnesses, 17 have been examined and 1 has given up.

3. The custody certificate dated 23.09.2025 filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years and 8 days.

4. Learned State counsel opposes the bail on the ground that commercial quantity of contraband was recovered from the petitioner, who was apprehended at the spot. However, he is unable to controvert the submissions with regard to stage of the case and no any other case pending against the petitioner.

5. Heard.

6. Hon'ble The Supreme Court in Shariful Islam @ Sarif versus The State of West Bengal SLP (Crl.) No.4173/2022, decided on 04.08.2022, granted bail to the petitioner in a case of recovery of commercial quantity of contraband, considering incarceration for over 1 year and 6 months and there being no likelihood of completion of trial in the near future, while the Division Bench of this Court in Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section

37 of NDPS Act.

7. This Court in the case of Balraj Singh vs. State of Punjab CRM-M- 57386-2022, on 14.12.2022 has followed the dictum laid down by Hon'ble The Supreme Court and granted the bail to the petitioner therein after he had undergone total custody of 1 year and 6 months and in Munasi Masih vs. State of Punjab, CRM-M-31504-2022, on 06.2.2023, wherein commercial quantity of contraband had been recovered but only 2 out of 13 PWs had been examined, allowed bail.

8. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for last 2 years and 8 days; no pending case against him; charges have been framed on 30.05.2024 and out of 33 prosecution witnesses, only 17 have been examined so far, though 1 given up, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of the NDPS Act can be diluted bearing in mind the right to a speedy trial, the present petition is allowed.

9. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected o