Punjab & Haryana High Court, Chandigarh (Aman Chaudhary, J.; decision 14.01.2026) allowed two petitions under Section 483 filed by Sukhwinder Singh @ Sulkhan and Mewa Singh seeking regular bail in FIR No.159 dated 29.07.2021, PS Dirba, District Sangrur, under Sections 22 and 25 of the NDPS Act, 1985, concerning alleged recovery of 6500 Tramadol and 4800 Alprazolam intoxicant tablets from a car in which both were passengers; the State counsel maintained the quantity was commercial and the petitioners were arrested at the spot. Senior Counsel (Parminder Singh Sekhon, with Rajdeep Singh Gill) urged false implication, non-joining of an independent witness, non-compliance of Sections 42 and 50 of the NDPS Act and debatable conscious possession; reliance was placed on Maulana Mohd. Amir Rashadi (2012) 2 SCC 382, per which criminal antecedents alone cannot defeat a bail claim, the accused's role and circumstances such as flight risk being decisive. Holding: with custody of 2 years, 11 months, 08 days (Sukhwinder) and 4 years, 3 months, 26 days (Mewa); three of five co-occupants already bailed (orders dated 21.03.2024, 15.04.2024, 23.07.2024); charges framed 02.03.2022 and only 04 of 23 prosecution witnesses examined, further incarceration would violate Article 21 and the rigors of Section 37 NDPS Act can be diluted bearing in mind the right to a speedy trial, consistent with Prabhakar Tewari (2020) 11 SCC 648, Shariful Islam (SLP (Crl.) No.4173/2022), Bhupender Singh (2022) 2 RCR (Crl.) 706 and the Court's own orders in Balraj Singh (CRM-M57386-2022) and Munasi Masih (CRM-M-31504-2022). Release ordered on bail/surety bonds subject to nine conditions (no tampering with evidence; no pressurising witnesses; appearance on each date; no similar offence; affidavit of address and mobile number not to be changed without prior notice to the trial Court; no leaving the country without permission); State at liberty to seek cancellation on breach; observations confined to the bail proceedings, expressly without opinion on merits.
