##PAGE1##

Prayer in the present petition filed under Section 483 BNSS

is for grant of regular bail to the petitioner in case FIR No.353 dated

15.11.2023, registered under Sections 21/29 NDPS Act, 1985 and Section

212 IPC (added later on), at Police Station STF, District Amritsar/Mohali.

2. Learned counsel contends that the petitioner has been in

custody for 1 year and about 11 months. He alleges false implication. The

alleged recovery from him is of 877 grams heroin, while that from co-

accused Karaj Singh was 700 grams and has been granted bail, vide

Annexure P-3, after being in custody of 1 year, 10 months and 22 days, so

was co-accused, Harpreet Singh @ Happy, from whom the alleged

recovery was 910 grams, vide order dated 13.01.2026, after being in

PARVEEN KUMAR

2026.02.04 18:42

I attest to the accuracy and

integrity of this

order/judgment.

almost similar custody.

Charges have been framed on 03.07.2024, however,

only 7 out of 25 witnesses have been examined. He is involved in 1 more

case under NDPS Act wherein he is on bail. Reliance is placed on the

judgment passed by Hon'ble The Supreme Court titled as Maulana

Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382

3. The custody certificate dated 03.02.2026, filed by the learned

State counsel is taken on record. As per the same, the petitioner is behind

bars for 1 year, 10 months and 19 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 alongwith co-accused and is a habitual

offender. However, he is unable to controvert the submissions with regard

to stage of the case; the co-accused having been released on bail and the

petitioner being on bail in other case.

5. Heard.

6. Hon'ble The Supreme Court in the case of Maulana Mohd.

Amir Rashadi (Supra)had held that, “As observed by the High Court,

merely on the basis of criminal antecedents, the claim of the second

respondent cannot be rejected. In other words, it is the duty of the Court to

find out the role of the accused in the case in which he has been charged

and other circumstances such as possibility of fleeing away from the

jurisdiction of the Court, etc.”

PARVEEN KUMAR

2026.02.04 18:42

I attest to the accuracy and

integrity of this

order/judgment.

7. 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.

8. 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.

9. Considering the facts and circumstances of the case, in

particular that the petitioner is in custody for the last 1 year, 10 months

and 19 days; on bail in other case; co-accused are on bail; charges stand

framed on 03.07.2024, however out of 25 prosecution witnesses, only 7

have been examined as yet; 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

PARVEEN KUMAR

2026.02.04 18:42

I attest to the accuracy and

integrity of this

order/judgment.

Section 37 of the NDPS Act can b