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DINESH KUMAR SHARMA
Pargan Ram Alias Nikka – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma,J.
1. Present bail application has been filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.) seeking regular bail in SC/534/2018 in FIR no.68/2018 registered under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), PS Crime Branch North.
2. Briefly, the facts of the case are that on 10.3.2018 at about 12:00 pm; at SI Office STARS/Crime Branch, Sector-8, R.K. Puram, New Delhi a secret information was received that a person named Paragan Ram from Phillaur, Punjab i.e. the current petitioner; smuggles drugs between Delhi and Punjab and on that day itself, i.e. on 10.3.2018 at about 3 o'clock the petitioner will come to the GT Karnal Road, ahead of Mukarba Chowk to deliver large quantity of heroin drug on route from Delhi to Karnal.
3. On the basis of this information a raiding party was constituted. The raiding party took the position near Madhuban on Karnal-Delhi Road between the two IGL CNG Pumps. The raiding party also asked public persons to join as independent witnesses but none of the public persons agreed.
4. It has been alleged that at around 3.30 p.m., the petitioner arrived there and was iden
The main legal point established in the judgment is the application of the principles for release on bail based on the duration of incarceration and the nature of the offence, as laid down by the Hon....
The main legal point established in the judgment is that prolonged incarceration and delay in trial can be considered for granting bail under the NDPS Act, as per the directions of the Hon'ble Suprem....
The Court established that an undertrial jailed for more than half the minimum sentence is eligible for bail due to delayed trial, emphasizing the right to personal liberty under Article 21.
The main legal point established in the judgment is that an undertrial accused, charged with offences under the NDPS Act, is entitled to bail if they have been in custody for a period not less than h....
Prolonged incarceration without conviction violates the constitutional right to a speedy trial, warranting bail for undertrials as per established precedents.
The main legal point established in the judgment is that the delay in trial and non-compliance of certain provisions of the NDPS Act can violate the constitutional rights of the accused under Article....
The right to speedy trial and personal liberty under Article 21 of the Constitution must be upheld, and inordinate delay in trial can warrant the release of undertrial prisoners, as per the Supreme C....
The court emphasized that prolonged detention without trial violates the accused's rights under Article 21, allowing bail if the accused has served over half of the maximum sentence under the NDPS Ac....
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