JASGURPREET SINGH PURI
Vikas – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J.
Both petitions are taken up together for final disposal with the consent of learned counsel for the parties since both the petitions arise out of the same FIR and prayer in both the cases is for the grant of regular bail.
2. Both the petitions have been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioners in FIR No.351 dated 17.05.2022, under Sections 20 C and 29 of NDPS Act, registered at Police Station Hansi City, District Hansi, Haryana.
3. Learned counsel for the petitioners has submitted that both the petitioners are in custody from 17.05.2022 which is almost 2 years and submitted that in the present case charges were framed on 17.01.2023 which is almost 1 year and 4 months ago and till date no prosecution witness has been examined. He further submitted that as per allegation, the police on the basis of secret information pertaining to present two petitioners and two more co-accused had intercepted a car from where allegedly there was a recovery of about 1 quintal of ganja. He submitted that the allegation against the petitioner Vikas was that he was the driver of the car and the other peti
Mohd. Muslim @ Hussain Versus State (NCT of Delhi) 2023 AIR (SC) 1648
Satender Kumar Antil Versus Central Bureau of Investigation and another
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 delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
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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