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1. The instant one is the third petition that has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No. 120 dated 15.10.2023, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') [Sections 22 and 29 of the NDPS Act added later on] at Police Station Manimajra, Chandigarh. The previous petitions were dismissed as withdrawn.

2. Brief facts of the case relevant for the purpose of disposal of the present petition are that on 15.10.2023, co-accused Harpreet Singh @ Happy was apprehended by a police party and recovery of 53.60 grams of heroin was effected from him. Since he could not produce any valid license or permit to keep in his possession the recovered contraband, he was formally arrested at the 1 of 7 CRM-M-63160-2025 (O&M) -2- spot. Upon interrogation, he disclosed that he had procured the recovered contraband from the present petitioner. On the basis of the same, the petitioner was nominated in this case as an accused and was arrested on 24.10.2023. Recovery of 106.36 grams of contraband was effected from him. As per FSL report, the same was found to be containing heroin, Monoacetylemorphine, Acetylcodein, Racemethorphan and Tramadol. He suffered disclosure statement admitting his involvement in the subject offences and also disclosed that he used to procure contraband from Pakistani smugglers as his village was close to the border. He further disclosed that he also used to supply contraband to one Rana, who was also nominated in this case as an accused. 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. 




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           CRM-M-63160-2025 (O&M)                                               -3-

4. Reply and the custody certificate have been filed by respondent- U.T., Chandigarh. Learned Additional Public Prosecutor, Chandigarh has argued that taking into consideration the gravity of the allegations levelled against the petitioner as well as the fact that subsequent recovery of 106.36 grams of contraband, which contained mixture of heroin, Monoacetylemorphine, Acetylcodein, Racemethorphan and Tramadol, was effected from him, he does not deserve to be released on bail as the same falls under commercial quantity. 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.

6. The petitioner was initially nominated in this case on the basis of the disclosure statement suffered by co-accused Harpreet Singh @ Happy, who was apprehended by the police on 15.10.2023 and from whom, recovery of 53.60 grams of heroin was effected. The petitioner was arrested on 24.10.2023 on the allegations that he had supplied the recovered contraband to the abovenamed co-accused. A subsequent recovery of 106.36 grams of contraband was effected from him. As per FSL report, the same was found containing heroin, Monoacetylemorphine, Acetylcodein, Racemethorphan and Tramadol. As per the case of the prosecution, the same fell under commercial quantity. Though the allegations make out a prima facie case against the petitioner for commission of alleged offences. However, a perusal of the record reveals that investigation has since been completed and challan has been filed. Conclusion of trial would obviously take considerable time as only 02 out of total 26 prosecution witnesses have been examined so far. The petitioner is in custody for the last 02 years, 04 months and 25 days. He has clean antecedents. Both the 3 of 7 CRM-M-63160-2025 (O&M) -4- co-accused have already been granted concession of regular bail by this Court, as mentioned above. This factor, in the opinion of this Court, is a ground to move for bail afresh. The Hon'ble Apex Court has observed in a catena of cases that an accused cannot be kept in custody for an indefinite period of time, and the bail application can be considered on its own merits even if it is filed repeatedly. It has also been held that every day spent in custody can provide a new cause of action for filing a bail application under certain circumstances. This principle is a part of the broader approach emphasizing that law prefers bail over jail, aiming to balance the rights of the accused with the requirements of the criminal justice system. Prolonged detention itself is a ground for reconsideration of bail since the settled principle of law is that detention prior to trial should not become punitive. 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. 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 4 of 7 CRM-M-63160-2025 (O&M) -5- 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 period by observing that prolonged incarceration militated against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the constitutional principles must override the statutory embargo contained under Section 37 of the NDPS Act.