Gurpreet Singh @ Gurbir Singh @ Gora v. State of Punjab

Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral)

#1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in case bearing FIR No. 191 dated 18.08.2024, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Gharinda, District Amritsar (Rural).

#2. As per the allegations, on 18.08.2024, a police party headed by ASI Harjinder Singh was on patrolling duty and it noticed that the petitioner and co-accused Gursahib Singh were coming on a motorcycle bearing registration No. PB-02-EU-9532 while keeping a heavy envelope on the front side of the motorcycle. Both of them were apprehended by the police and on inquiry they disclosed their names as ‘Gurpreet Singh’, who is the present petitioner, and ‘Gursahib Singh’, who is the co-accused. On search of the said envelope, recovery of 883 grams of heroin was effected from the same, for CRM-M-11912-2026 (O&M) -2- which, the petitioner and co-accused could not produce any valid permit/license or authorization. Both of them were formally arrested at the spot. Recovered contraband as well as the said motorcycle was taken into custody by the police. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offence.

#3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case and a false recovery has been planted upon him and co-accused. He is in custody for a period of more than one year and ten months. There is prolonged pendency of the trial in the present case, and there is no likelihood of its conclusion in the near future, particularly as none out of total twelve prosecution witnesses has been examined so far. He has clean antecedents. His continued detention would not serve any useful purpose. With these broad submissions, it is urged that the petition deserves to be allowed.

#4. Status report and the custody certificate of the petitioner have been filed by the respondent-State. It is argued by learned State counsel that taking into consideration the gravity of the allegations levelled against the petitioner as well as the fact that commercial quantity of the contraband was recovered from him, he does not deserve to be released on bail. Therefore, it is stressed that the petition does not deserve to be allowed.

#5. This Court has heard learned counsel for the parties at considerable length. CRM-M-11912-2026 (O&M) -3-

#6. The petitioner along with the co-accused is alleged to have been found in conscious possession of commercial quantity of contraband on

18.08.2024. He is in custody since that very day and has spent a period of more than one year and ten months in custody. Though, the allegations prima facie make out a case for commission of subject offences against the petitioner, however, on a perusal of the record, it is apparent that there are no chances of conclusion of the trial in near future and it will take considerable time as no prosecution witness has been examined so far. The petitioner has remained in custody since long. He has clean antecedents. It is well settled proposition of law that grant of bail on account of delay in trial and long period of incarceration is to be considered in the light of Section 37 of the NDPS Act. Reliance in this regard can be placed upon the observations made by Hon’ble Apex Court in Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 SCC OnLine SC 352, wherein it was held that grant of bail on account of undue delay in trial cannot be said to be fettered under Section 37 of the NDPS Act, given the imperative of Section 436-A of Cr.P.C. which is applicable to offence under the Act. It was also observed that jails are overcrowded and their living conditions are, more often than not, appalling. The danger of unjustified imprisonment is that inmates are more likely to be hardened rather than reformed. Reliance can also be placed upon Manmandal and Another v. State of West Bengal, Special Leave Petition (Criminal) No.8656 of 2023 decided on 14.09.2023 and Rabi Prakash v. State of Odisha, 2023 SCC Online SC 110, wherein the Hon’ble Supreme Court had extended benefit of bail to the accused who had been incarcerated for a long CRM-M-11912-2026 (O&M) -4- period by observing that prolonged incarceration militated against the most precious fundamental right guaranteed under Article 21 of the Constitution of India and in such a situation, the constitutional principles must override the statutory embargo contained under Section 37 of the NDPS Act.

#7. Reliance can also be placed upon the order dated 14.11.2025 passed by the Hon’ble Supreme Court in Santosh Pawar Vs. State of Chhattishgarh & Anr., Criminal Appeal No.4883/2025, wherein it was observed that rigours of Section 37 of NDPS Act will not be a bar for considering the case of an accused for bail as it comes with a condition that the prosecution would press for an early completion of trial. In the above- mentioned case the Hon’ble Supreme Court held that appellant who was being prosecuted for being in possession of commercial quantity of narcotic substance, was entitled for bail in view of her incarceration for a period of 19 months.

#8. Similarly in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 prolonged incarceration and inordinate delay engaged the attention of the Hon’ble Supreme Court, which considered the correct approach towards bail, with respect to several enactments, including Section 37 NDPS Act. The court expressed the opinion that Section 436A (which requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods) of the Criminal Procedure Code, 1973 would apply.

#9. In the case of Ismail Khan @ Pathan vs. State of Rajasthan Criminal Appeal No.4911 of 2025 with regard to recovery of commercial CRM-M-11912-2026 (O&M) -5- quantity of narcotic substance the Hon’ble Supreme Court accorded the benefit of bail to the accused in view of prolonged incarceration for a period of 02 years and 08 months of the accused.

#10. The similar benefit has been extended in another appeal i.e. SLP No.15699-2025 titled as Ebrahim @ Ibrahim SK vs. The State of West Bengal and in the case of Pamesh Arora vs. UT Chandigarh Criminal Appeal No.4872 of 2025.

#11. On analyzing the peculiar facts and circumstances of the present case in the light of the aforementioned principles of law, it transpires that the petitioner has suffered prolonged incarceration; he has clean antecedents and the trial is not likely to be concluded in near future. In view thereof, this Court is of the considered opinion that the continued detention of the petitioner is not likely to serve any fruitful purpose. There is nothing on record to show that if released on bail, the petitioner will not participate in the trial or will abscond or indulge in similar offences. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing personal as well as surety bonds to the satisfaction of the learned trial Court, and subject to the condition that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. He shall appear before the learned trial Court on each and every date of hearing except when his presence has been exempted by the trial Court. He shall surrender his passport, if any, furnish details of his cell phone and Aadhar card, and shall not change his mobile number(s) during the pendency of the trial. CRM-M-11912-2026 (O&M) -6-

#12. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case.

02.07.2026 Ansari Waseem R. R. R. R. Ansari Waseem Ansari Ansari Waseem Waseem (MANISHA BATRA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No