IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

118 CRM-M-55736-2025 (O&M)

Date of decision:21.01.2026 Jagdeep Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Kushagra Mahajan, Advocate, for the petitioner.

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AMAN CHAUDHARY. J.

1. Prayer in the present petition filed under Section 483 (cid:21)(cid:22)(cid:6)(cid:14)(cid:6)(cid:23)(cid:24)ti(cid:6) (cid:26)(cid:6)(cid:7)(cid:6)(cid:14)(cid:24)(cid:27)(cid:4)(cid:28)(cid:13)(cid:14)(cid:6)(cid:27)(cid:2)(cid:22)(cid:6)(cid:4)(cid:28)(cid:6)(cid:8)(cid:22)(cid:24)(cid:23)(cid:6)(cid:4)(cid:29)(cid:21)(cid:26)(cid:28)(cid:28)(cid:30)(cid:15)(cid:4)(cid:31) (cid:31)!(cid:4) is for grant of regular bail to the petitioner in case FIR No.55 dated 14.12.2023, registered under Sections 21, 23(c), 25, 29 of NDPS Act and Section 23(c) deleted later on, at Police Station State Special Operations Cell, Amritsar, District Intelligence Wing (CID).

2. Learned counsel contends that the petitioner has been in custody for 2 years, 01 month and 1 day. There is non-compliance of mandatory provisions of Sections 42 and 50 of NDPS Act. No independent witness was joined. Charges have been framed on 23.07.2025, however, out of 16 prosecution witnesses, only 04 have been examined. He is not involved in any other case under the NDPS Act. 3. The custody certificate dated 20.01.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years, 01 month and 1 day.

4. Learned State counsel opposes the bail on the ground that the commercial quantity of contraband was recovered from the petitioner. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner being not involved in any other case under the NDPS Act.

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, 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, 01 month and 1 day; not involved in any other case under the NDPS Act; charges were framed on 23.07.2025; out of 16 prosecution witnesses, only 04 have been 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: