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JASGURPREET SINGH PURI
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. second petition for bail under section 439. (Para 1) |
| 2. arguments on long custody and its impact on bail. (Para 2 , 3 , 4) |
| 3. delay due to prosecution affecting article 21 rights. (Para 6 , 7) |
| 4. interpretation of section 37 and relevance of long custody. (Para 8 , 9 , 10 , 11) |
| 5. adverse inference against prosecution due to witness non-appearance. (Para 12) |
| 6. order granting bail with certain conditions. (Para 13 , 14) |
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present is a second petition filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No. 217 dated 19.12.2021, under Section 15C of NDPS Act, registered at Police Station Shahkot, District Jalandhar (Rural).
2. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody from 19.12.2021 which is almost 1 year and 8 months. He submitted that the allegations against the petitioner and the other co-accused were that they were coming on a canter and there had been alleged recovery of 110kgs of poppy husk from the canter. He submitted that petitioner is not involved in any other case and has got clean antecedents a
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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