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AMAN CHAUDHARY
Jagdish Singh @ Disha – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Aman Chaudhary, J. (Oral)
This common order shall dispose of above-mentioned petitions as they arise out of the same FIR.
2. Prayer in these petitions filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioners in case FIR No.253, dated 03.11.2022, registered under Sections 21 (c) and 29 of NDPS Act, 1985, at Police Station Sadar Fazilka,
3. Learned counsel contend that the petitioners are in custody for 1 year and about 8 months each. They allege false implication. The mandatory provisions of Sections 42, 50 and 52 of NDPS Act were not complied with. No independent witness was joined at the time of recovery. Charges were framed on 01.04.2024, however, none out of 19 prosecution witnesses has been examined. The petitioners are not involved in any other case.
4. Custody certificates dated 01.07.2024 and 02.07.2024, filed by learned State counsel are taken on record, as per which, the petitioners are behind bars for 1 year, 7 months, 25 days and 1 year, 7 months, 26 days respectively.
5. Learned State counsel opposes the bail on the ground that commercial quantity of contraband was recovered from both the petitioners, who were travelling together on a moto
The right to a speedy trial under Article 21 can outweigh the rigors of Section 37 of the NDPS Act in cases of prolonged custody without trial.
The main legal point established in the judgment is that in cases of long custody periods involving recovery of commercial nature, the rigors of Section 37 of NDPS Act can be diluted, considering the....
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 custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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