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JASGURPREET SINGH PURI
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
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 and it was a case which was planted by the police upon the petitioner. He submitted that the charges in the present case were framed on 16.07.2022 and has supplied the photocopies of all the interlocutory orders which have been passed by the learned Special Judge after the framing of the charges. The same are taken on record as Mark-X. While referring to the aforesaid orders, the learned counsel submitted that after the framing of 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 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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