Bail Granted to  first-time offender under NDPS Act - right to speedy trial – P&H HC

On 21 April 2023,  Punjab and Haryana High Court granted regular bail to Karanveer Singh @ Karan in a case under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision was made by Justice Jasjit Singh Bedi, who heard the petition under Section 439 of the Code of Criminal Procedure (Cr.PC) seeking the grant of regular bail in FIR No. 15 dated 22.01.2021 registered at Police Station Sadar, Muktsar, District Sri Muktsar Sahib.

The brief facts of the case are that while the police party was on patrolling duty, two youngsters were seen near a bridge holding a plastic bag. Upon seeing the police party, they tried to flee from the spot after throwing the polythene bag but were caught. They were identified as Mukesh Kumar @ Sanju (since granted bail vide order dated 17.03.2023 passed in CRM-M-12313-2023) and Karanveer Singh @ Karan (petitioner). A search of the bag revealed 4800 tablets of RLAM-0.5. Based on the said recovery, the instant FIR was registered.

The petitioner claimed that he has been falsely implicated in the present case and that the recovery has been planted upon him. No independent witness was joined during the course of search and seizure. He further argued that there was a violation of mandatory provisions of the NDPS Act such as Section 42 and 50, and as he was a first-time offender, and his co-accused Mukesh Kumar @ Sanju had been granted bail, he was entitled to the concession of bail.

The Counsel for the State argued that a commercial quantity of contraband had been recovered from the petitioner, and therefore, in view of the bar contained under Section 37 of the NDPS Act, the petitioner was not entitled to the grant of bail. However, he admitted that the co-accused had been granted the concession of bail.

After hearing both the sides, the High Court relied on the salutary provisions of Article 21 of the Constitution of India, which provides for the right to speedy trial, and held that provisions of Section 37 of the NDPS Act can be diluted in cases where there is a delay in the trial proceedings. The Court also considered the petitioner's status as a first-time offender and the fact that none of the 15 prosecution witnesses had been examined so far.

The Court cited the decision of the Hon'ble Supreme Court in Nitish Adhikary @ Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on 01.08.2022 and the decision of the Punjab and Haryana High Court in Balraj Singh Vs. State of Punjab CRM-M-57386-2022 Decided on 14.12.2022. In both cases, bail was granted to the accused based on similar grounds.

The High Court allowed the petition and ordered the release of Karanveer Singh @ Karan on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned CJM/Duty Magistrate, concerned. The petitioner was also ordered to appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the present one. Additionally, he was asked to prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause.

Karanveer Singh @ Karan Vs State of Punjab