The right to a speedy trial under Article 21 of the Constitution of India can outweigh the rigors of Section 37 of the NDPS Act when a petitioner has undergone significant incarceration without substantial trial progress.

AMAN CHAUDHARY, J. (ORAL)

1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.148 dated 10.10.2024, registered under Sections 21-C , 61 and 85 of the NDPS Act, at Police Station Bichhore, District Nuh.

2. Learned counsel contends that the petitioner has been in custody for 1 year, 6 months and 5 days. The alleged recovery from the petitioner is of 140 bottles of Codeine, 100 ml. each. No independent witness has been joined at the time of recovery. There is non-compliance of mandatory provisions of the NDPS Act. Challan has been presented on 10.03.2025, charges have been framed on 04.09.2025 and none, out of 19 PWs, has been examined. He is not involved in any other case.

3. The custody certificate dated 16.04.2026 filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 1 year, 6 months and 5 days.

4. Learned State counsel opposes the bail on the ground that commercial quantity of contraband has been recovered from the petitioner, who was apprehended at the spot. However, he is unable to controvert the submissions with regard to stage 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 1 year, 6 months and 5 days; not involved in any other case; challan stands presented on 10.03.2025, charges have been framed on 04.09.2025 and out of 19 PWs, none has 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:-

(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 simil