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MANJARI NEHRU KAUL
Manpreet Singh @ Koch – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The petitioner is seeking the concession of bail under Section 439 Cr.P.C. in case FIR No.214 dated 13.09.2022 under Sections 18, 18(b), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Shahkot, District Jalandhar (Rural).
2. Learned counsel for the .petitioner submits that the petitioner is seeking the concession of regular bail on the ground of parity with the co-accused, who has since been extended the concession of bail by this Court vide order dated 08.07.2024 (Annexure P-3). It has been submitted by the learned counsel that after the charges were framed on 20.04.2023, the case had been repeatedly adjourned on account of the non-appearances of the prosecution witnesses, who in the instant case, are all police officials. It has been further submitted that despite bailable warrants issued to secure the presence of the prosecution witnesses, none had appeared before the trial Court to get their evidence recorded. A prayer has, therefore, been made that in the circumstances, the petitioner cannot be made to languish in custody as it would amount to his life and liberty being compromised under Article 21 of t
Prolonged incarceration without trial due to absent witnesses can justify bail under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
The right to a speedy trial is fundamental and cannot be compromised by prosecution negligence, warranting bail for the accused.
The right to life and personal liberty includes the right to speedy trial, and courts should interfere to secure the personal liberty of an under trial when the trial is being delayed for reasons not....
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
The right to speedy trial as a Fundamental Right and the conduct of the prosecution and police officials can influence the court's decision in granting bail under the NDPS Act.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
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