Judgment Mr. Arvind Singh Sangwan, J. Prayer in this 2nd petition is for grant of regular bail to thepetitioner under Section 439 of the Code of Criminal Procedure (inshort ‘Cr.P.C.’) in FIR No.0014 dated 29.06.2018, for offencepunishable under Sections 21 and 30 of the Narcotic Drugs andPsychotropic Substances Act (in short ‘the NDPS Act’) registered atPolice Station State Special Operation Cell, Fazilka, DistrictIntelligence Wing (CID), Fazilka. 2.The earlier one was dismissed as withdrawn on27.08.2019. 3.Counsel for the petitioner has submitted that now thepetitioner is in custody for the last 03 years and 05 months and still thecase is at the stage of recording the prosecution evidence. 4.Counsel for the petitioner has argued that as per theallegations in the FIR, the police party on receiving a secret informationthat the petitioner is habitual of smuggling Heroin from Pakistanismugglers on mobile internet phone and brings Heroin from Indo-PakBorder (BSF) fencing in the area of Ferozepur along with the landowners under the garb of doing labour work. Thereafter, the FIR wasregistered and the petitioner was arrested from his home and on thebasis of the disclosure statement 2.770 Kgs of Heroin was recoveredfrom the fields of one Paramjit Singh. It is further submitted that one ofthe moot point involved in this petition is whether the petitioner can beheld liable to be in conscious possession of the recovery effected fromthe open land belonging to Paramjit Singh. It is also argued that thepetitioner is not a habitual offender as this is the first case and as ontoday he is in custody for the last more than 03 years and due toCOVID-19 situation, the trial is delayed substantially. 5.Counsel for the petitioner has also submitted that again it will be a matter of trial whether Section 42 of the NDPS Act has been properly complied with or not. It is further argued that out of 12 PWs,08 PWs have been examined before the trial Court and some of the statements of the prosecution witnesses is placed on record and a perusal of the statement of PW-2 Shamsher Singh, Assistant Commandant, BSF, show that the recovery was effected from the land of Paramjit Singh son of Jarnail Singh resident of village Bhane Wala. 6.Counsel for the State has not disputed the factual position but opposed the prayer for bail. 6.Counsel for the State has not disputed the factual position but opposed the prayer for bail. 7.Without commenting anything on merits of the case, considering the fact that though, it is stated in the secret informationthat the petitioner is habitual of dealing in narcotic substance, however,he is not involved in any other case prior to registration of this case; the petitioner is in custody for the last 03 years, 05 months and 06 days; out of 12 PWs only 08 PWs have been examined and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner isdirected to be released on bail subject to his furnishing bail/suretybonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. 8.However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner.