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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Bagga Singh - Appellant
Versus
State of Punjab - Respondent
Criminal Miscellaneous Petition (M) No. 4848 of 2022
Decided On : 25-01-2023
NDPS Act - Regular Bail - The court granted regular bail to the petitioner who had been in custody for over two years, considering the delay in the conclusion of the trial.
Fact of the Case:
The petitioner sought regular bail in a case under the NDPS Act where intoxicant tablets were recovered from him. He had been in custody for over two years and the trial was likely to take some time.
Finding of the Court:
The court granted the concession of regular bail to the petitioner, without expressing any opinion on the merits of the case.
Issues: The main issue was whether the petitioner, who had been in custody for over two years, was entitled to the concession of regular bail, especially considering the delay in the conclusion of the trial.
Ratio Decidendi: The court deemed it a fit case to grant the concession of regular bail to the petitioner due to the prolonged custody and the likely delay in the conclusion of the trial.
Final Decision: The petition was allowed, and the petitioner was ordered to be released on regular bail upon furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
JUDGMENT
Anupinder Singh Grewal, J. - The petitioner is seeking regular bail in FIR No.163 dated 12.12.2020 under Sections 22 and 29 of the NDPS Act registered at Police Station Special Task Force, SAS Nagar, Mohali.
2. Learned counsel for the petitioner submits that it is alleged that intoxicant tablets containing Tramadol with a total weight of 595 grams approximately have been recovered from the petitioner. The petitioner is in custody for over two years and the conclusion of the trial is likely to take sometime. He has been convicted in another case under the NDPS Act wherein recovery is of non-commercial quantity and he has undergone the sentence in that case.
3. Learned State counsel, upon instructions from ASI Satwinder Singh, submits that 01 out of 18 prosecution witnesses has been examined. He has filed the custody certificate in Court, which indicates that the petitioner is in custody for 02 years, 01 month and 12 days as on 25.01.2023. He further submits that as the petitioner is convicted in another case, he is not entitled to the concession of regular bail.
Heard.
4. In view of the above especially when the petitioner is in custody for over two years and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
5. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
6. At the time of release of the petitioner, SHO Police Station Dirba, Sangrur would be informed and the petitioner shall furnish his mobile number to the SHO and keep his mobile location on till the conclusion of the trial. He shall also appear before the Police Station on first Monday of every month till the conclusion of the trial.
The central legal point established in the judgment is the court's discretion to grant regular bail to a petitioner who has been in custody for an extended period, considering the delay in the conclu....
The court considered the petitioner's physical disability, prolonged custody, and the potential delay in trial due to the COVID-19 pandemic as grounds for granting regular bail under the NDPS Act.
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