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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Deepak Gupta, J.
Jagseer Singh alias Billa - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-50943 of 2023
Decided On : 28-11-2023
Bail - Narcotic Drugs and Psychotropic Substances Act - Balance between Section 37 of NDPS Act and Article 21 of the Constitution
Fact of the Case:
The petitioner sought regular bail in a case under Section 22(c) of the NDPS Act after 16 vials of Cocrex cough syrup were recovered from his possession. The petitioner had been in custody for over a year and three months, and the trial was likely to take more time to conclude.
Finding of the Court:
The court balanced the rigor of Section 37 of the NDPS Act with the fundamental right of life and liberty under Article 21 of the Constitution, considering the petitioner's prolonged custody period and the likelihood of a delayed trial. Without commenting on the merits of the case, the court granted the petitioner regular bail.
Issues: The issues involved the petitioner's custody period, the nature of the recovered quantity, and the balance between the NDPS Act and the fundamental right to a speedy trial under Article 21.
Ratio Decidendi: The court's decision was influenced by the need to balance the provisions of Section 37 of the NDPS Act with the fundamental right to life and liberty under Article 21 of the Constitution, particularly in light of the petitioner's prolonged custody period and the likelihood of a delayed trial.
Final Decision: The petition for regular bail was allowed, and the petitioner was ordered to be released on regular bail upon furnishing adequate bail bonds and surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
DEEPAK GUPTA, J.
Status report by way of affidavit of Shri Jasbir Singh, Deputy Superintendent of Police, Sub Division, Gidderbaha, District Sri Muktsar Sahib, on behalf of respondent-State, along with custody certificate has been filed.
2. By way of present petition filed under Section 439 Cr.P.C., prayer is made for grant of regular bail in case FIR No.115 dated 28.07.2022, under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), registered at Police Station Gidderbaha, District Muktsar Sahib.
3. As per allegations, 16 vials of Cocrex cough syrup containing salt Codeine Phosphate, were recovered from the possession of the petitioner on 28.07.2022. The recovered quantity falls in the commercial category.
4. Learned counsel for the petitioner contends that the petitioner has been falsely implicated; that he is in custody for more than 01 year and 03 months and that the trial may take time to conclude.
5. Learned State counsel opposes the bail petition by pointing out the criminal antecedent of the petitioner.
6. As per custody certificate, petitioner is in custody for the last 01 year, 03 months and 29 days. He is involved in two more cases bearing FIR No.137 dated 20.07.2022, under Sections 22(c) and 29 of the NDPS Act, registered at Police Station Mukatsar Sadar and FIR No.31 dated 19.03.2019, under Sections 325, 323, 34 of IPC, registered at Police Station Gidderbaha.
7. Refuting the aforesaid contention, learned counsel for the petitioner submits that the petitioner is not named in the FIR No.137 dated 20.07.2022 as referred above and he was nominated only on the basis of disclosure statement and has already been allowed bail in that case. Another FIR does not pertain to NDPS Act.
8. It is also informed by learned State counsel that after filing of the challan, charges were framed on 04.09.2023 and out of 19 witnesses cited by the prosecution, none has been examined so far.
9. Thus trial is likely to take time to conclude. No purpose shall be served by keeping the petitioner detained. Though recovered quantity falls in the commercial category, but the rigor of Section 37 of the NDPS Act is required to be balanced with Article 21 of the Constitution of India providing for the fundamental right of the life and liberty, of which the right of speedy trial forms part, looking into the custody period of the petitioner.
10. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, petitioner is admitted to bail. He is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned.
Allowed.
Petition allowed.
The central legal point established in the judgment is the need to balance the provisions of the NDPS Act with the fundamental right to a speedy trial under Article 21 of the Constitution, particular....
The right to a speedy trial under Article 21 can outweigh the rigour of Section 37 of the NDPS Act, warranting bail even in cases involving commercial quantities of contraband.
The court determined that the quantity of drugs possessed did not meet the commercial threshold, allowing bail based on the petitioner’s prolonged custody and the conclusion of the investigation.
The court established that the right to a speedy trial is a fundamental right under Article 21 of the Constitution, which can influence the decision to grant bail even in cases involving serious char....
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....
The delay in sending the sample to FSL Mohali and the petitioner's custody duration were considered as mitigating circumstances for granting regular bail.
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