The present petition has been filed under Section 483 of BNSS, 2023 for the grant of regular bail to the petitioner in case FIR No.89 dated 12.02.2023, registered at Police Station Sadar Thanesar, District Kurukshetra, under Sections 15, 18, 27-A, 29-61-85 NDPS Act.

2. Learned counsel contends that the petitioner is in custody for the last 2 years, 9 months and 3 days. He alleges false implication.

Similarly circumstanced, co-accused Kulwinder Singh who was apprehended alongwith him with 3 kg. of opium and 115 kg poppy straw has since been granted bail by this Court, vide order dated 22.08.2025, after the custody of 2 years, 5 months and 19 days. Charges have been framed on 22.09.2025, however, out of 22 prosecution witnesses, only 4 have been examined. He is not involved in any other case.

3. The custody certificate dated 15.11.2025 has been filed by learned State counsel, as per which the petitioner is behind bar since 2 years, 9 months and 3 days.

4. Learned State counsel opposes the bail on the ground that the 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 the stage, co-accused having been granted bail and the petitioner being not involved in any other case.

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 the last 2 years, 9 months and 3 days; not involved in any other case; co-accused is on bail; charges stand framed on 22.09.2025, however, 18 more prosecution witnesses still remain to be examined; 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 of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner