Kuldeep Singh vs State Of Haryana
2026 Latest Caselaw 284 P&H

Punjab-Haryana High Court

Kuldeep Singh vs State Of Haryana on 16 January, 2026

CRM-M No.401 of 2026                                               -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
240
                                      *****

                                                      CRM-M No.401 of 2026
                                                  Date of decision : 16.1.2026
                                                 Date of uploading : 16.1.2026

Kuldeep Singh                                            .............Petitioner
                                        Versus
State of Haryana                                          .......Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Gaurav Gupta, Advocate, for the petitioner

           Mr. Deepak Grewal, DAG, Haryana

           ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of

regular bail to the petitioner in case FIR No.630 dated 15.7.2024, under

Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985

(Section 29 of NDPS Act added later on), registered at Police Station

Palla, District Faridabad.

2. The gravamen of the allegations against the petitioner is that the

petitioner was apprehended by the police upon suspicion, while he was

going on foot on 15.7.2024. Upon having conducted his search, recovery

of 1.030 Kgs. of charas (sulfa) has been allegedly effected from the

petitioner.

3. Learned counsel for the petitioner has iterated that the petitioner

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is in custody since 5.11.2025. Learned counsel 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 argued that the petitioner has been falsely implicated into the

FIR in question. Learned counsel has iterated that the contraband alleged

to have been recovered from the petitioner is 1.030 Kgs. of charas (sulfa),

which is marginally above the threshold limit of non-commercial quantity

specified in the notification issued under the NDPS Act. Thus, regular bail

is prayed for.

4. Learned State counsel seeks to place on record custody

certificate dated 14.1.2026. Learned State counsel has opposed the present

petition by arguing that 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

barred by the rigors of Section 37 of the NDPS Act, and thus, the same

ought to be dismissed.

5. I have heard counsel for the rival parties and have gone through

the available records of the case.

6. The petitioner was arrested on 5.11.2025 whereinafter

investigation was carried out and challan qua the petitioner was presented

on 20.11.2025. Total 16 prosecution witnesses have been cited, out of

which only 9 have been examined till date. It is thus, indubitable that

conclusion of the trial will take long. It is not in dispute that the

contraband allegedly recovered from the petitioner is 1.030 Kgs. of charas

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(sulfa), which is marginally above the threshold limit of non-commercial

quantity. Reliance in this regard can be placed upon the orders passed by

this Court in Rajdev Giri versus State of Punjab, CRM-M-44898-2019,

decided on 18.09.2020; Rahish versus State of Haryana, CRM-M-36498-

2020, decided on 11.11.2020; Karambir versus State of Haryana, CRM-

M-31820-2019, decided on 28.08.2019: Jagjit Singh @ Jagga Gill versus

State of Punjab, CRM-M-41242-2019, decided on 27.02.2020 and Baljit

Kaur @ Baljito versus State of Punjab, CRM-M-12849-2020, decided on

04.06.2020, wherein accused were enlarged on bail in cases where the

alleged recovery was slightly more than the quantity prescribed for non-

commercial category under the NDPS Act. The rival contentions raised at

Bar give rise to debatable issues, which 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 the folly thereof cannot

be fastened upon the petitioner. As per custody certificate dated 14.1.2026

filed by the learned State counsel, the petitioner has already suffered

incarceration for a period of 2 months and 10 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.

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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)

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

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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. 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

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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

to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However,

in addition to conditions that may be imposed by the concerned

CJM/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 cell-phone 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

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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

which may be imposed by concerned CJM/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
16.1.2026
Ashwanii

                       Whether speaking/reasoned:     Yes/No
                       Whether reportable:            Yes/No




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