High Court of Punjab and HaryanaCRM-M/48234/2025allowed

Bhagwant Singh v. State Of Punjab

2025-12-19Ms. Justice Rupinderjit Chahal6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48234-2025 Decided on : 19.12.2025 Bhagwant Singh ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM :

*** Present :

Mr. Jashandeep Singh Sandhu, Advocate for the petitioner.

Mr. Amrit Pal Singh Gill, DAG, Punjab for the respondent-State.

*** , J (ORAL)

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Brief facts as per the prosecution case are that on 12.03.2024, Inspector Amandeep Singh along with his fellow police officials was on duty and on the basis of secret information, apprehended the petitioner and coaccused, who were found in conscious possession of 500 grams of heroin.

Hence the present FIR.

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. Learned counsel contends that the recovery of alleged contrband has already been effected and n

- 0 - " Learned counsel further contends that co-accused Paramjit Singh alias Prince Billa has already been granted the concession of regular bail by a Coordinate Bench of this Court vide order dated 24.07.2025. The petitioner is in custody since 12.03.2024. The investigation in the case is complete, challan stands presented, charges have also been framed. He further submits that out of 19 prosecution witnesses, none has been examined till date, as such, the trial will take a long time to conclude and no useful purpose would be served by keeping the petitioner behind bars. Therefore, it is urged that the present petition deserves to be allowed. "

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--4 "He further submits that the petitioner is convicted in one other case of similar nature meaning thereby he is a habitual offender.

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 01 year and 09 months; co-accused Paramjit Singh alias Prince Billa has already been granted the concession of regular bail by a Coordinate Bench of this Court; investigation is complete; challan stands presented; charges have also been framed and out of 19 prosecution witnesses, none has been examined till date, as such, the trial will take a long time to conclude and no useful purpose would be served by detaining him in further custody. His 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.

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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 West Bengal, SLP (Crl.) No. 736/2024; Debrata Mondal v. State of West Bengal, SLP (Crl.) No.14970/2023; Santarul Islam @ Santa v. State of West Bengal, SLP (Crl.) No.13169/2023; Indrajit Mondal @ Piglu v. State of West Bengal,

SLP (Crl.) No.8512/2023; Narjul Islam @ Najbul Hoque v. State of West Bengal, SLP (Crl.) No.14172/2023; Subhashri Das @ Rana @ Subhoshree v. State of West Bengal, SLP (Crl.) No.15284/2023; Mithun Sk. & Anr. v. State of West Bengal, SLP (Crl.) No.16598/2023; Sk. Nasiruddin @ Nasirddin Sk. v. State of West Bengal, SLP (Crl.) No.3402/2024; Indadul Shah v. State of West Bengal, SLP (Crl.) No.12670/2023; Hanef Kharsani @ Hanef Sheikh v. Union of India; Ripon Seikh & Ors. v. State of West Bengal, SLP (Crl.) No.16663/2023; Moidul Sarkar v. State of West Bengal, SLP (Crl.) No.15668/2023; Saniya Bibi @ Soniya Bibi v. State of West Bengal, SLP (Crl.) No.2354/2024; Saddam Hossain v. State of West Bengal, SLP (Crl.) No.15496/2023; Bijon Sk. @ Golam Murselim v. State of West Bengal, SLP (Crl.) No.6046/2024; and Subhas v. State of West Bengal, SLP (Crl.) No.8823/2019.

Moreover, prolonged detention of the petitioner, without any likelihood of the trial being concluded in the near future, would amount to a violation of their fundamental rights guaranteed under Article 21 of the Constitution of India. The Hon'ble Supreme Court, in Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 AIR SC 1648, while dealing with an NDPS case, held that the principles of fairness embodied under Article 21 override the statutory restrictions on grant of bail under Section 37 of the NDPS Act. Speaking through Justice S. Ravindra Bhat, the Court observed: "20. The standard to be considered therefore, is one, where the court would look at the material in a broad manner, and reasonably see whether the accused's guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are expected to record, i.e., that the accused may not be

guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation (as held in Union of India v. Rattan Malik). Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too (ref. Satender Kumar Antil supra). Having regard to these factors the court is of the opinion that in the facts of this case, the appellant deserves to be enlarged on bail.

21. Before parting, it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable . Jails are overcrowded and their living conditions, more often than not, appalling." # '

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