Punjab-Haryana High Court
Sonu vs State Of Punjab on 6 May, 2026
CRM-M No.10688 of 2026 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
219
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CRM-M No.10688 of 2026
Date of decision : 6.5.2026
Date of uploading : 6.5.2026
Sonu .............Petitioner
Versus
State of Punjab .......Respondent
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present: Mr. Shailesh Aggarwal, Advocate and
Ms. Nikita, Advocate, for the petitioner
Mr. Jaypreet Singh, DAG, Punjab
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SUMEET GOEL, J. (ORAL)
1. Present petition has been filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner
in case bearing FIR No.25 dated 11.3.2025, registered for the offences
punishable under Sections 21, 29, 61, 85 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short ‘NDPS Act‘) at Police
Station Mamdot, District Ferozepur.
2. The gravamen of the allegations against the petitioner is that he
is an accused of being involved in an FIR pertaining to NDPS Act
involving 796 grams of heroin allegedly recovered from the petitioner and
his co-accused on 11.3.2025 in the area of Link Road, Mamdot.
3. Learned counsel for the petitioner submits that the petitioner is
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CRM-M No.10688 of 2026 -2-
in custody since 11.3.2025. Learned counsel for the petitioner has further
submitted that the mandatory provisions of the NDPS Act have not been
complied with, and thus, the prosecution case suffers from inherent
defects. Learned counsel has urged that the entire proceedings by the
police, including that of apprehension/seizure/preparation of documents
has taken place within a period of 20/30 minutes, which is highly
improbable. Learned counsel for the petitioner has iterated that the trial is
delayed and the liability thereof cannot be fastened upon the petitioner.
Learned counsel has further iterated that the petitioner has suffered
incarceration for about 01 year and 2 months. Thus, regular bail is prayed
for.
4. Learned State counsel has filed status report by way of affidavit
of Karan Sharma, PPS, Deputy Superintendent of Police (Rural),
Ferozepur in Court today. The same be kept on record. Raising
submissions in tandem with the said status report, learned State counsel
has opposed the present petition by arguing that the allegations raised
against the petitioner are serious in nature and, thus, he does not deserve
the concession of the regular bail. Learned State counsel has further
submitted that the instant bail plea is restricted by the rigors of Section 37
of the NDPS Act, and thus, the same ought to be dismissed. Learned State
counsel seeks to place on record custody certificate dated 5.5.2026 in
Court, which is taken on record.
5. I have heard counsel for the rival parties and have gone through
the available records of the case.
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6. The petitioner was arrested on 11.3.2025, whereinafter,
investigation was carried out and the challan was presented on 5.9.2025.
Charges were framed in the present case on 5.9.2025. Total 20
prosecution witnesses have been cited, but none has been examined till
date. The rival contentions raised at Bar give rise to debatable issues shall
be ratiocinated upon during the course of trial. This Court does not deem
it appropriate to delve deep into these rival contentions, at this stage, lest
it may prejudice the trial. Nothing tangible has been brought forward to
indicate the likelihood of the petitioner absconding from the process of
justice or interfering with the prosecution evidence.
6.1. The trial is indeed procrastinating and folly thereof cannot be
saddled upon the petitioner. As per custody certificate dated 5.5.2026
filed by the learned State counsel, the petitioner has already suffered
incarceration for a period of 01 years, 01 month and 24 days & is not
shown to be involved in any other case. In this view of the matter, the
rigor imposed under Section 37 of the NDPS Act stands diluted in light of
the Article 21 of the Constitution of India.
6.2. This Court in a judgment titled as Kulwinder versus State of
Punjab passed in CRM-M-64074-2024 (2025:PHHC:002695); after
relying upon the ratio decidendi of the judgments of the Hon’ble Supreme
Court in Hussainara Khatoon vs. Home Secy., State of Bihar (1980) 1
SCC 81; Abdul Rehman Antulay vs R.S. Nayak (1992) 1 SCC 225; Javed
Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR
(Criminal) 494; Mohd Muslim @ Hussain vs. State (NCT of Delhi)
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reported as 2023 INSC 311; Criminal Appeal No.245/2020 dated
07.02.2020 titled as “Chitta Biswas Alias Subhas vs. The State of West
Bengal“; “Nitish Adhikary @ Bapan vs. The State of West Bengal”,
Special Leave to Appeal (Crl.) No.5530-2022 dated 22.08.2022 titled as
“Mohammad Salman Hanif Shaikh vs. The State of Gujarat“; Criminal
Appeal No.1169 of 2022 dated 05.08.2022 titled as Gopal Krishna Patra
@ Gopalrusma vs. Union of India, and Ankur Chaudhary vs. State of
Madhya Pradesh, 2024(4) RCR (Criminal) 172; has held, thus:
“7.8. The right to a speedy and expeditious trial is not only a vital
safeguard to prevent undue and oppressive incarceration; to mitigate
anxiety and concern accompanying the accusation as well as to curtail
any impairment in the ability of an accused to defend himself, but there
is an overarching societal interest paving way for a speedy trial. This
right has been repeatedly actuated in the recent past and the ratio
decidendi of the above-referred to Supreme Court’s judgments have
laid down a series of decisions opening up new vistas of fundamental
rights. The concept of speedy trial is amalgamated into the Article 21
as an essential part of the fundamental right to life and liberty,
guaranteed and preserved under our Constitution. The right to speedy
trial begins with the actual restraint imposed at the time of the arrest of
the accused and consequent incarceration which continues at all
stages, namely, the stage of investigation, inquiry, trial, appeal and
revision so that any possible prejudice that may result due to
impermissible and avoidable delay since the time of the commission of
the offence till the criminal proceedings consummate into a finality,
could be averted. The speedy trial, early hearing and quick disposal
are sine qua non of criminal jurisprudence. The overcrowded Court-
dockets, the heavy volume of work and the resultant pressure on the
prosecution and the Police, indubitably keeps the entire criminal
jurisprudential mechanism under stress and strain. However, this
cannot be an excuse for keeping the sword of Damocles hanging on the
accused for an indefinite period of time. It does not serve any credit to
the criminal justice system, rather it makes for a sad state of affairs.
The guarantee of a speedy trial is intended to avoid oppression and
prevent delay by imposing on the Court and the prosecution an
obligation to proceed with the trial with a reasonable dispatch. The
guarantee serves a threefold purpose. Firstly, it protects the accused
against oppressive pre-trial imprisonment; secondly, it relieves the
accused of the anxiety and public suspicion due to unresolved criminal
charges and lastly, it protects against the risk that evidence will be lost
or memories dimmed by the passage of time, thus, impairing the ability
of the accused to defend himself. It goes without saying that the
consequences of pre-trial detention are grave. Accused, presumed
innocent, till proven otherwise, are subjected to psychological and
physical deprivations of jail-life, usually under onerous conditions.
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Equally important, the burden of detention of such an accused
frequently falls heavily on the innocent members of his family.
There is yet another aspect of the matter which deserves
consideration at this stage. The allegations in the present case relate to
accused being involved in an FIR relating to commercial quantity of
contraband under the NDPS Act, 1985. While considering a bail
petition in a case involving commercial quantity, the Court has to keep
in mind the rigours enumerated under Section 37 of NDPS Act, 1985
which mandates that Courts can grant bail to an accused only after
hearing the public prosecutor and after having satisfied itself of twin
conditions which are reasonable grounds for believing that the accused
is not guilty of the offence charged/alleged and that, he is not likely to
commit any offence while on bail. The stringent rigours of Section 37
of the NDPS Act, 1985 must be meticulously scrutinized against the
backdrop of accused’s fundamental right to a speedy trial. The right to
life and personal liberty cannot be rendered nugatory by unwarranted
delays in the judicial process, particularly where such delay(s) is
neither attributable to the accused nor justified at the end of the
prosecution by cogent reasons. An individual cannot be kept behind
bars for an inordinate period of time by taking refuge in rigours laid
down in Section 37 of the NDPS Act, 1985. The legislature in its
wisdom, in order to ensure speedy and timely disposal of the cases
under the Act, has provided for the constitution of special Courts under
Section 36-A of the Act. However, this Court cannot turn Nelson’s eye
to the protracted delays and systematic inefficiency that frustrate this
legislative purpose. A Court of law is duty-bound to ensure that it does
not become complicit in violation of an individual’s fundamental rights,
notwithstanding anything contained in a statute. While dealing with
bail petition in a case governed by the rigours of Section 37 of the
NDPS Act, 1985, the Court must strike a judicious balance between the
legislative intent to curb the menace of drugs and the sacrosanct right
of the accused to a fair and expeditious trial. Prolonged incarceration,
without justifiable cause, risks transforming pre-trial detention into
punitive imprisonment, an outcome antithetical to the principle of
justice and equity.
Ergo, the unequivocal inference is that where the trial has
failed to conclude within a reasonable time, resulting in prolonged
incarceration, it militates against the precious fundamental rights of
life and liberty granted under the law and, as such, conditional liberty
overriding the statutory embargo created under Section 37 of the
NDPS Act, 1985 ought to be considered as per facts of a given case. In
other words, grant of bail in a case pertaining to commercial quantity,
on the ground of undue delay in trial, cannot be said to be fettered by
Section 37 of the NDPS Act, 1985.”
Suffice to say, further detention of the petitioner as an undertrial
is not warranted in the facts and circumstances of the case.
7. In view of above, the present petition is allowed. Petitioner is
ordered to be released on regular bail on his furnishing bail/surety bonds
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to the satisfaction of the Ld. concerned trial Court/Duty Magistrate.
However, in addition to conditions that may be imposed by the concerned
trial Court/Duty Magistrate, the petitioner shall remain bound by the
following conditions:
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence, oral
or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date
before the trial.
(iv) The petitioner shall not commit any offence while on
bail.
(v) The petitioner shall deposit his passport, if any, with
the trial Court.
(vi) The petitioner shall give his cellphone number to the
Investigating Officer/SHO of concerned Police Station
and shall not change his cell-phone number without
prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the
trial.
(viii) The petitioner shall submit, on the first working day of
every month, an affidavit, before the concerned trial
Court, to the effect that he has not been involved in
commission of any offence after being released on
bail. In case the petitioner is found to be involved in
any offence after his being enlarged on bail in the
present FIR, on the basis of his affidavit or otherwise,
the State is mandated to move, forthwith, for
cancellation of his bail which plea, but of course, shall
be ratiocinated upon merits thereof.
8. In case of breach of any of the aforesaid conditions and those
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which may be imposed by concerned trial Court/Duty Magistrate as
directed hereinabove or upon showing any other sufficient cause, the
State/complainant shall be at liberty to move cancellation of bail of the
petitioner.
9. Ordered accordingly.
10. Nothing said hereinabove shall be construed as an expression of
opinion on the merits of the case.
(SUMEET GOEL)
JUDGE
6.5.2026
Ashwani
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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