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VIKAS BAHL
Kulwant Kaur @ Kanto @ Banto – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is the third petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No. 114 dated 24.11.2021 registered under Sections 21, 22-C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Badali Ala Singh, District Fatehgarh Sahib.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 25.11.2021 and the investigation is complete and challan has been presented and there are 19 prosecution witnesses, out of which, 12 witnesses are yet to be examined and thus, the conclusion of trial is likely to take time. It is also contended that the first bail application of the petitioner was dismissed as withdrawn at that stage on 29.11.2022 and thereafter, the petitioner had filed a second petition seeking interim bail which was withdrawn on 21.03.2023 and since, the second petition was for grant of interim bail, thus, in effect, the present petition is the second regular bail application. It is further submitted that even after withdrawal of the last petition, sufficient time has lapsed and yet the trial has not concluded thus, entitling the petitioner to file t
The length of custody, completion of investigation, and likelihood of trial taking time are relevant factors in granting bail in cases under the NDPS Act. The right of the accused under Article 21 of....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
The main legal point established in the judgment is that substantial custody, arguable points on merits, and the period of custody are crucial factors in granting bail in cases involving commercial q....
The central legal point established in the judgment is the consideration of the petitioner's right under Article 21 of the Constitution of India in granting bail under the NDPS Act.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the prolonged custody of the petitioner, despite the serious nature of the charges.
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