Sagar Kumar v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:20.03.2026 Sagar Kumar ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. R.P. Dhir, Advocate, for the petitioner.


  

    ***** AMAN CHAUDHARY. J.

1.

Prayer in the present petition filed under Section 483            

 

 is for grant of regular bail to the petitioner in case FIR No.13 dated 08.02.2024, registered under Sections 21/22/61/85 of NDPS Act at Police Station Mahilpur, District Hoshiarpur. 2.

Learned counsel contends that the petitioner has been in custody for 1 year and about 06 months. The commercial quantity of contraband is allegedly recovered from him, it being 120 tablets of Alprazolam (12.06 grams) and 6 grams of heroin. There is a delay of 10 days in sending the samples to FSL. No independent witness was joined. Mandatory provision of Section 50 of NDPS Act was not fully complied with. Charges have been framed on 12.11.2024, out of total 12 prosecution witnesses, 08 have been examined. He is not involved in any other case.

3.

Learned State counsel opposes the bail on the ground that the

-2commercial quantity of contraband was recovered from the petitioner. However, he is unable to controvert the submissions with regard to custody, stage of the case and the petitioner being not involved in any other case. 4.

Heard.

5.

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.

6.

This Court in the case of Balraj Singh vs. State of Punjab CRM-M57386-2022, 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.

7.

Considering the facts and circumstances of the case, in particular the period of custody of petitioner; not involved in any other case; charges were framed on 12.11.2024; out of 12 prosecution witnesses, 08 have been examined, the trial is likely to take a considerable time; further incarceration of the petitioner

-3would 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. 8.

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 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 any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

9.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as

-4granted to the petitioner by this order.

10.

In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

(AMAN CHAUDHARY) JUDGE 20.03.2026 dinesh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No