IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-4116-2025 (O&M) Date of decision: 09.02.2026 GAURAV THAKUR ALIAS GORA ….Petitioner Versus STATE OF PUNJAB ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Vikramjeet Singh, Advocate for the petitioner.

Ms. Aiman J. Chisti, AAG Punjab.

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RUPINDERJIT CHAHAL, J. (ORAL)

1. Prayer in the instant petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.17 dated 24.01.2023 registered under Sections 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Lambi, District Sri Muktsar Sahib.

2. Brief facts of the present case, as per the prosecution, are that on 24.01.2023, S.I. Maninder Singh, along with his fellow police officials laid a Naka and acting upon suspicion stopped a car. The petitioner was apprehend at the sport whereas the co-accused Akash @ Yadav managed to flee from the spot. Thereafter, upon search of the said vehicle, Heroin weighing 4.4 kg was allegedly recovered. Hence, the present FIR.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He further contends that mandatory provisions of the NDPS Act were not complied with at the time of alleged search and seizure. He argued that recovery of alleged contraband has already been effected from the petitioner and nothing more is to be recovered from him. The petitioner is in custody since 24.01.2023. The investigation in the case is complete; challan stands presented; charges have also been framed; out of 50 prosecution witnesses only 01 has been examined. He further submits that the trial will take a long time to conclude and no useful purpose would be served by keeping him behind the bars. Therefore, it is urged that the petition deserves to be allowed.

4. Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. Status report has already been filed and relying upon the same she has vehemently opposed the prayer for grant of bail by submitting that the offence committed by the petitioner is serious in nature and he was apprehended at the spot with the alleged contraband, which falls under the commercial quantity. She has further submitted that the petitioner is also involved in multiple cases meaning thereby he is a habitual offender.

5. Having heard learned counsel for the parties at length and after perusing the record of the case, it is evident that the petitioner is in custody for the last more than 03 years, investigation is complete; challan stands presented; charges have also been framed; out of 50 prosecution witnesses only 01 has been examined and the fact that trial may take a long time to conclude, no useful purpose would be served by detaining him in further custody. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future would be violative of his rights under Article 21 of the Constitution of India.

6. Reliance is placed upon a judgment in the case of Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131 wherein Hon’ble Apex Court has held that keeping somebody behind the bars, till his guilt is proved, for an indefinite period amounts to infringement of her right to life and liberty, as enshrined under Article 21 of Constitution of India and is against the principle “bail is a rule” and “jail is an exception”.

7. A two-Judge Bench of the Hon’ble Supreme Court, in Nandlal Mondal @ Abhay Mondal v. State of West Bengal, SLP (Crl.) No.12788/2023, granted bail to the accused after 18 months of incarceration on the ground of delay in trial in an NDPS matter involving commercial quantity of contraband. Similar relief has been granted by the Hon’ble Supreme Court in a series of judgments, namely: Md. Aliul Islam @ Aliul Islam @ Alius v. State of Wes