JASGURPREET SINGH PURI
Dinesh Kumar Suman – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J.
The present is a second petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing Crime No.24 dated 14.05.2019, under Sections 8, 18, 29 & 60 of NDPS Act, registered at Police Station Narcotics Control Bureau, CZU, Chandigarh.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody for 5 years and charges in the present case were framed on 30.03.2020 which is more than 4 years and there are total 27 prosecution witnesses and even 13 witnesses are yet to be examined. He submitted that when earlier the petitioner had filed a bail petition before this Court, the same was dismissed by this Court vide Annexure P-5 on 06.07.2023 wherein rather considering the incarceration of the petitioner, a direction was issued to the learned trial Court to expedite the trial only considering the long custody of the petitioner.
3. Learned counsel further submitted that the allegation in the present case was pertaining to recovery of 20 kgs. of Opium from two accused including the petitioner. He further submitted that in fact the petitioner has been falsely implicated in
Satender Kumar Antil Versus Central Bureau of Investigation and another 2022 (10) SCC 51
Mohd. Muslim @ Hussain Versus State (NCT of Delhi) 2023 AIR (SC) 1648
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
Prolonged detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
Prolonged incarceration and delay in trial can justify bail even in cases involving commercial quantities under the NDPS Act; the bar under Section 37 may be overridden based on clean antecedents and....
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