In CRM-M-11008-2022 (O&M)-PUNJ HC- P&H HC grants bail to NDPS accused after considering period of his incarceration & stagnancy in Trial proceedings
Justice Manoj Bajaj [02-09-2022]

Read Order: Jangir Singh @ Jagir Singh v. State of Punjab 

Monika Rahar

Chandigarh, September 3, 2022: After considering one-year-long incarceration of the petitioner in an NDPS Act matter involving commercial quantity and the stagnancy in the Trial, the Punjab and Haryana High Court has granted bail to the accused who was apprehended with his co-accused on a bike, carrying a polythene bag containing contraband. 

The Bench of Justice Manoj Bajaj held, "Apart from it, the material witnesses are police officials and at present there does not seem to be any possibility of their being won over."

The petitioner in this case filed this petition under Section 439 Cr.P.C. for the grant of regular bail pending trial in an FIR registered  under Section 22 Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was in custody since his arrest on October 26, 2019.

The brief facts leading to this FIR are that the Police party, while being on patrolling duty apprehended the petitioner (pillion rider) and his co-accused (bike rider) for carrying a polythene bag in between them containing 100 strips of Tridol 50V.No.C11537 total 1000 capsules and intoxicant tablets Clovidol 100 SR B. NO.TVD 19294 i.e. 21 strips total

210 tablets.

It was the case of the Counsel for the petitioner that the petitioner was in custody for a long period and was not involved in any other case. The counsel submitted that the co-accused of the petitioner who was driving the motorcycle, was already granted the concession of regular bail by this Court.  

According to him, the investigation of the case was complete and charges were framed, but no prosecution witness was examined so far, thus he prayed for bail.

On the contrary, the State counsel opposed the prayer on the ground that the alleged contraband recovered from the petitioner fell within the ambit of commercial quantity.

After hearing the parties and considering the above background, particularly the custodial period of the petitioner, the Court opined that  his (petitioner's) further detention behind the bars was not necessary for any useful purpose, as the trial was not making any progress and its conclusion would consume considerable time.

"Apart from it, the material witnesses are police officials and at present there does not seem to be any possibility of their being won over", added the Bench. 

Accordingly, the present petition was allowed.