JASGURPREET SINGH PURI
Karam Singh Alias Salu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.57 dated 30.04.2020, under Sections 21 and 29 of the NDPS Act, registered at Police Station Special Task Force, District SAS Nagar, Punjab.
2. Affidavit of Deputy Inspector General of Police, STF, Punjab dated 05.12.2023 has been filed by the learned State counsel in Court today, which is taken on record.
3. Learned counsel for the petitioner submitted that the petitioner is in custody for about 3 years, 7 months and 4 days and he is not involved in any other case and has clean antecedents. He further submitted that it is a case where the police received an information with regard to two persons, namely, Punjab Singh and Suba Singh, which is so incorporated in the FIR and thereafter, on the basis of some other secret information, the name of the petitioner was nominated and he was arrested and on his disclosure statement, there was a recovery of 6 kgs. and 690 grams of heroin from the border of India and Pakistan. He also submitted that the aforesaid fields from where the aforesaid recovery wa
Prolonged custody without trial justifies bail under Article 21, emphasizing the necessity of timely prosecution to uphold fundamental rights.
Prolonged detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
The main legal point established in the judgment is the right to speedy trial under Article 21 of the Constitution of India and the application of bail provisions under Section 36 and 37 of the NDPS ....
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