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Prayer in the present petition filed under Section 483 BNSS

is for grant of regular bail to the petitioner in case FIR No.65 dated 26.05.2024, registered at Police Station City-1, Malerkotla, District

Malerkotla, under Sections 20, 29/61/85 NDPS Act.

2. Learned counsel contends that the petitioner has been in custody for 1 year and 10 months. He alleges false implication. As per the allegations, 2.5 kgs. of Sulfa (Charas) was allegedly recovered from

him.

Charges

PARVEEN KUMAR 2026.03.27 18:30 I attest to the accuracy and integrity of this order/judgment.

have been framed on 05.10.2024, however none out of 14 PWs has been

examined. He is not involved in any other case.

3. The custody certificate dated 27.03.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind

bars for 1 year, 9 months and 27 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 stage of the case 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

PARVEEN KUMAR 2026.03.27 18:30 I attest to the accuracy and integrity of this order/judgment.

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 1 year, 9 months and

27 days; not involved in any other case;

prosecution evidence has to commence; in all there are 14

PWs; 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

PARVEEN KUMAR 2026.03.27 18:30 I attest to the accuracy and integrity of this order/judgment.

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 a