HIMANSHU CHOPRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the second petition filed under Sec. 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No.09 dtd. 7/2/2022, registered under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act (Sec. 61 of the NDPS Act has been added later on), at Police Station Banur, District Patiala.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 7/2/2022 and the investigation is complete and challan has been presented and there are 11 prosecution witnesses, out of which, only 4 witnesses have been examined as yet and thus, the conclusion of trial is likely to take time and the last bail application of the petitioner was dismissed as withdrawn at that stage on 7/9/2022 and even thereafter, the trial has not made any progress, thus, entitling the petitioner to file the present bail petition and keeping in view the custody of the petitioner, he deserves the concession of regular bail, as any further incarceration would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India. Learned counsel for the petitioner has relied upon various orders of the Hon'ble Supreme Court, wherein, solely on the basis of the custody, the concession of bail has been granted. Reliance has also been placed upon an order of the Hon'ble Division Bench of this Court in CRM-3773-2019 in CRA-D-198-DB-2017 in case titled as "Bhupender Singh Vs. Narcotic Control Bureau".

(3.) On the other hand, learned State counsel has opposed the present petition for grant of regular bail to the petitioner and has submitted that the recovery effected from the petitioner falls within the category of commercial quantity and thus, bar under Sec. 37 of the NDPS Act would apply in the present case. It is further submitted that the petitioner is involved in other cases, thus, he does not deserve the concession of regular bail.